March 6, 2019

While marijuana remains a federally prohibited schedule 1 controlled substance, many states are now allowing marijuana for medical and recreational use. This situation has created confusion for employers regarding Department of Transportation requirements and Drug-Free Workplace Initiatives.  IFDA has just published a white paper to help member companies understand the current state of the law around cannabis, entitled “Drug-Free Workplace Initiatives and the Marijuana Legalization Movement.” Written by IFDA legal counsel Littler Mendelson, the paper examines both state and federal law and discusses the most recent court cases regarding cannabis and the workplace.  

Even though marijuana remains prohibited under DOT testing requirements, courts in some states have ruled that employers cannot enforce blanket prohibitions against cannabis use. Thus far these decisions have focused on medical marijuana laws in a small number of states. The paper also examines a key federal case in which the court held that state laws permitting medical marijuana did not conflict with federal drug-free workplace laws. As more states move toward legalization, the law on cannabis will develop further, and IFDA will update this paper as this takes place. The white paper is available free of charge to IFDA members and for more information contact the IFDA government relations department.   

Free to IFDA Distributor Members as an exclusive member benefit.

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