Recently, the Department of Justice has made moves that indicate its intent to enforce federal law in jurisdictions where marijuana has been legalized. Traditionally, many employers have had one-size-fits-all policies that have zero tolerance for any use of marijuana. Considering the wide variety of state laws and recent court cases, employers need to evaluate their own policies regarding the use of medical marijuana outside of the workplace, as well as any state laws that may apply.
Support for the legalization of marijuana has grown exponentially over recent years. Consequently, many states have legalized medical and/or recreational use of marijuana. Yet, marijuana remains illegal under Federal law. The conflicting intersection between state and federal law has made it challenging for employers to carry out their legal obligations. Now, more than ever, it is crucial for employers to be vigilant about this developing area of the law to navigate various employment issues carefully.
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