Can companies still drug test for marijuana?

Yes. There are currently no restrictions limiting an employer’s ability to drug test for marijuana, although there may be limitations on permissible disciplinary action that an employer may take if an employee is using marijuana in accordance with that state’s marijuana laws. In general, state medical and recreational use statutes impact only a very small number of employees in most workplaces. (other than New York City, which is expected to implement restrictions beginning in May 2020 & State of Nevada under new law)

How is marijuana classified under Federal law?

States continue to pass legislation that permits medical and recreational marijuana use. To date, 33 states and Washington, D.C. have medical marijuana laws and 11 of those states also passed recreational use laws. But in spite of state law, marijuana–and its components, like CBD—is still illegal under Federal law, and categorized as a Schedule I controlled substance under the Controlled Substances Act (CSA).


How can states continue to pass medical and recreational marijuana legislation if marijuana is illegal under federal law?

Even though marijuana is illegal for any purpose under the CSA, the enforcement of the CSA is within the discretion of the Federal government. During the Obama administration, Federal agencies, including specifically the U.S. Department of Justice, deprioritized marijuana enforcement in states with medical marijuana laws through policy guidance. Congress has also previously passed statutory budget amendments to limit Federal agency enforcement initiatives that interfere with state medical marijuana laws.

This flyer not intended for the purposes of legal advice and shall in no way constitute legal advice. You should consult with an attorney to determine legal obligations or course of action


Note:*articles on this blog/newsletter are for informational purposes only , articles does not represent any opinion of our company in regards of the subject and do not constitute medical advice,source article from partner’s laboratories, information not guarantee in the events of errors.