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International Law
Colorado and Washington have legalized the possession of up to one ounce of marijuana for personal use. Although Marijuana is considered an illegal drug under the federal Controlled Substance Act, the U.S Department of Justice announced in August 2013 that “at this time,” the federal government was, “deferring its rights to challenge” the laws passed by Colorado and Washington, given that both states had promised to create a “strict regulatory system”.
What impact might these laws have on Colorado and Washington Employers drug-resting policies and practices? Explain
Please read the statement above regarding the legalization of cannabis for recreational purposes in the states of Washington and Colorado. It also contains a question regarding the potential impact that such legalization may have on employers’ substance abuse policies.
In your initial post, discuss issues that may be raised in employment law and substance abuse policies with respect to the legalization of recreation and medical cannabis.
Also, Draw on any other topics such as contracts, protections against discrimination, regulatory oversight of business, or any other topic that you feel might apply to the questions asked.
Please also provide references if used. Thanks!
Expert Answer
Two active chemicals in Marijuana has medicinal application.
- cannabidiol (CBD) – which seems to impact the brain without a high
- Tetrahydrocannabinol (THC) – which has pain relieving properties.
Colorado and Washington legalized the use of Marijuana for medical and recreational purposes but it still remains illegal at the federal level. Hence this gives rise to lot of confusion as to whether the employees shall stop drug testing for marijuana at legalised states. Firstly the employers shall check whether they are covered under the Drug free workplace Act. Employers who receive any funding from the federal level need to follow the Act and maintain a zero drug policy. State laws are not going to have any effect on them.
Persons should use marijunaas per prescription. Some state laws also have anti discriminatory provision against employees who use marijuana for medical purposes and they shall not be discriminated if they are certified medical holder of drugs. Medical marijuana accomodation laws are also prescribed in certain state laws in which case if the employee is using marijuana and it is for medical purposes then the American Disabilities Act is also attracted and the employers need to accomodate such employees.Several issues in seperate cases such as in colorado it is still not specifically clear whether this medical accomodation would actually fall under the American disabilities Act. The act states the employers shall provide accomodation to disabled employees but whether the use of marijuana for medical purposes qualifies for disability is still not clear. Courts stated different opinion under different cases.
Hence employers shall keep their substance abuse policy and employment law in accordance with above and shall also be updated with the state law. If they are not covered under the Drug free workplace Act or if the employee is not under safety sensitive postions then employers may choose to change the drug policy and allow use of marijuana by employees if it does not affect the productivity. Employer must take into account the job description, roles performed and importance of the work while making decision
