Compliance Stuff

In December 2025, President Trump  issued an Executive Order  directing the Department of Justice to complete the rulemaking process to move marijuana from a Schedule I to a Schedule III controlled substance under the federal Controlled Substances Act.   While the Executive Order is aimed at legalizing marijuana research and does not change the current law, it may significantly impact how employers address medical marijuana in the workplace under the Americans with Disabilities Act (ADA).   Accordingly, employers should understand that existing legal obligations and workplace policies are not yet affected.  Over the last ten years, with a majority of states legalizing the use of medical marijuana to treat debilitating conditions, employers throughout the country have been forced to answer whether they have to accommodate an employer’s lawful use of medical marijuana during non-working hours . The answer to this question has been contingent on the state where th...

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. NEED A DRINK? This is the first of a two-part post. Today, I'll share with you five "fun" facts about drugs and alcohol in the workplace. Next week, I'll post about how employers can or should put it all together. Fun Fact No. 1: It's ok to ban illegal drugs.  In the immortal words of  South Park 's Mr. Mackey, "Drugs are bad. Don't use drugs, m'kay?"* *I could not provide a link because everything I found was Not Suitable for Work. Over the long weekend, you can do a search on your personal device.  :-) Employers can generally test employees "without cause" for illegal drugs. In other words, they can do random, universal, or post-offer testing. If you are in a state where marijuana is still illegal and if you're a private sector employer, y...