Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found throughout the country. The confusion is compounded by the fact that marijuana remains classified as a Schedule I drug under the federal Controlled Substances Act, thereby making it illegal (at the federal level) for an employee to use or possess marijuana for any reason. This dichotomy has always produced headaches for employers, but as new states continue to enact statutes with differing requirements relating to marijuana use and its impact in the workplace, employers must now be even more vigilant and learn the requirements of each state’s specific marijuana statutes in order to anticipate and prevent unnecessary legal claims.
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