Fragmented Compliance Map of Marijuana Legalization

In 2020, four more states legalized recreational marijuana: Arizona, Montana, New Jersey, and South Dakota; the total is now 15 states, the District of Columbia, and Guam. The 35 states with legalized medical marijuana tend to fall into two tiers: broad use including tetrahydrocannabinol (THC), the key intoxicant in marijuana, and laws allowing only cannabidiol, an anti-seizure component in marijuana. Maintaining a truly drug-free workplace is growing more difficult as more states and legal precedents support employee rights to medical marijuana, or recreational marijuana use when not on the job. In December 2020, the House passed H.R. 3884 to remove marijuana from the list of scheduled substances under the Controlled Substances Act, and the Senate may pass this legislation in 2021. Yet the fragmented map of state laws will probably continue as Congress is reticent to pre-empt state laws. Federal contractors or industries with safety-sensitive jobs may still be required to operate drug-free workplaces. This may create conflicts in states where a positive marijuana test alone does not justify termination; in these states, an employer must also provide evidence that the employee appeared to be impaired. To learn more about state marijuana laws that may impact your organization, visit https://disa.com/map-of-marijuana-legality-by-state.

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