DOJ Propose Easing Restrictions on Marijuana: What Employers Need to Know

The U.S. Department of Justice (DOJ) is considering a significant shift in marijuana policy. A proposed rule, announced on May 16, 2024, could move marijuana from the most restrictive category (Schedule I) to Schedule III under the Controlled Substances Act. This change would acknowledge marijuana's potential medical uses and loosen federal restrictions.

What it Doesn't Mean: This isn't nationwide marijuana legalization. While the rule eases federal controls and acknowledges that there may be medical uses for marijuana, federal restrictions would continue to be significantly stronger than states that allow recreational of marijuana.

Impact on Employers:

• State Laws Still Apply: Employer policies regarding marijuana use in the workplace (e.g., drug testing) must still comply with state and local laws, which may differ from federal regulations.

• Monitor and Adapt: Employers should keep an eye on the final ruling and its potential effects. If the rule takes effect, modifications to existing policies (like disability accommodations or drug testing) might be necessary.

The Takeaway: While this proposal indicates a potential softening of federal marijuana laws, employers should recognize that it would have no impact on state laws and compliance with state laws and regulations will continue to be required.