¶ Introduction to Federal Reclassification of Marijuana
Welcome to this week's OK at Work with myself, Sarah Sawyer and my colleague Russell Berger was attorneys at Offit Kurman, and today we are kicking off the year with talking about something that's been in the headlines, which is the reclassification at the federal level of marijuana. So folks may have seen this, Trump signing this in the last couple of weeks, just before the holidays, and be wondering well, what does this mean? As a business owner, what does it mean?
Obviously we've got in Maryland, marijuana is legal in that state. There's states with medical marijuana, there's varying different state laws and we've always been dealing with that.
¶ Implications for Employers and Business Owners
But now that there's some changes at the federal level, Russell, what should employers and business owners and people be thinking about as it relates to this law?
The starting point here is that this administrative order doesn't legalize marijuana or cannabis, it doesn't change that from a technical, legal standpoint. But what it does say is that there's medical use of cannabis and, we should research it. We should learn more. We should engage with this further. So from that kind of technical standpoint. It does not change anything. So we don't have to tear up the handbooks, the policies that we've drafted over the last couple years and start all over.
¶ Evolving Treatment of Cannabis in the Workplace
But what it does indicate is something that we've been talking about for a while, which is we're moving in this direction. And, I've always talked about it as this continuum of, there's certain hard drugs and employers treat them a certain way. And on the other end of the continuum there's alcohol. And employers treat that usually very differently than they would hard drugs. And, cannabis has been historically treated more like the hard drugs.
And what we're seeing is this erosion of that and to the point where cannabis is becoming more and more treated like alcohol. And, this is just another, to me, like another storm that erodes that a little bit further and gets us a little bit closer to treating it more and more like alcohol.
And again, like that's the, I think, advice we've been giving for a while is, there's safety sensitive jobs where, this doesn't really apply and you still wanna have heightened scrutiny in those types of roles. But for us, in office based jobs, if people are doing things on the weekend, does it really impact the work if they need it for their health, does it really impact the work?
And shifting kind of the employer focus, not from a black and white, you're using it or you're not, type of analysis to, does it affect the workplace? Does it affect your performance? Are you coming to work under the influence?
¶ Health-Related Aspects and Future Developments
Yeah, and I think to your point about the health related aspect of it some of the commentary that has been published in conjunction with this does focus a lot on the medical use piece of it. And, acknowledging that there might be potential medical uses for cannabis and that those might be acceptable and previewing that for future developments here.
And that does make it, in addition to the recreational use in comparing to alcohol and that behavioral piece and, so someone might be on painkillers, for instance, right? And they might be legitimately on pain-killers for a good health related reason, but also you have an interest in not having them be impaired at work because they operate machinery, right? And there's ways that you need to navigate that.
So I think there's gonna be some similar things potentially coming down the pipeline as it relates to that with cannabis state by state and maybe at the federal level, just based on some of that feedback. So there's these two buckets that they're examining here. But there are synergies that you can draw between cannabis and things that are already at play in people's handbooks policies and things, which is, prescription drug use, and alcohol use, both with are legal.
Assuming that you meet the criteria to be seen, those substances right.
¶ State Regulations and Multi-State Employer Challenges
And that raises another point too, that there's also state regulation on all these issues. So state by state, these things may differ. There are some states that do permit medical cannabis use and recognize it as an effective or a applicable treatment when it comes to disability laws and state versions of ADA. Although it's not a federal ADA issue at this point.
You still have to look at state by state, and if you're a multi-state employer and you've gotta navigate, potentially having divergent regulations across your platform.
¶ Conclusion and Final Thoughts
Yeah. All good advice. Something to continue to watch in 2026, for sure.
Absolutely
Thanks Russell. See you next time.
Thanks Sarah.
