After decades of being illegal, marijuana and CBD products are increasingly becoming legal under state laws. Even the federal government has loosened its restrictions on CBD products derived from hemp, including one FDA approved medical treatment. However, states vary widely in their laws. Some permit only limited medical use of the products, while other states have legalized recreational use. States also vary in the amount and nature of legal protections that state laws provide to employees that use CBD and marijuana products.
In 2020, more states have legalized recreational use of marijuana. If your employees cross a state line, the law could change dramatically. For Human Resources professionals, knowing the law in your state and municipality may not be enough. Do you have branches in other states? Are you close to a state line, and have employees that commute to work (or work remotely) from a recreational use state? Can your policy prohibit them from using a “legal product” at home? The law in your state could also change at any time in this rapidly developing area.
Other laws further complicate the situation. Reasonable accommodation of disabilities under the ADA; privacy laws; the Drug-Free Workplace Act for Federal contractors (or sub-contractor), the Department of Transportation Testing Rules and more, could come into play in situations where employees use marijuana and CBD. Some of these seem to trap you in conflicting requirements.
- Differences between marijuana and CDB products.
- State and federal laws regarding marijuana and CBD.
- State and federal discrimination laws.
- Use of lawful product laws.
- Americans with Disabilities Act.
- Medical inquiries and confidentiality.
- Family and Medical Leave Act.
- Drug testing.
- Department of Transportation and OSHA drug testing rules.