2024 Marijuana Policy Unmasked
2024 Marijuana Policy Unmasked
With so many new cannabis policy changes on the horizon, it’ll be some time before the proverbial smoke settles. According to the Associated Press on April 30th 2024, the DEA announced its newfound willingness to move forward with reclassifying cannabis on the Controlled Substances Act (CSA) from schedule I to schedule III. This of course flies in the face of the DEA’s reefer madness policy over the past half century. And as you know, cannabis has been historically treated as a drug without any medical benefit such as crack, methamphetamines or heroin. In addition to the DEA’s ground shattering rescheduling announcement, California already had a few legislative aces up its proverbial sleeve to help move the ball down field, so to speak.
About four months ago, back on January 1st 2024 the California legislature passed AB2188 and SB700. Both pieces of legislation amend the California Fair Employment and Housing Act (FEHA) to prohibit employers from discriminating against cannabis use off duty and away from the workplace. Under these new policies, employers and/or potential employers will be prohibited from engaging in any reprisal actions such as termination or refusal to hire against current employees or job applicants. According to the California Labor & Employment Law Blog, “starting in the new year, how and when employers can test employees for cannabis use will drastically change and how and when employers can discipline employees for cannabis use will also change.”
Despite the progressive nature of these newfound legal attitudes, certain exceptions to these provisions cloud the issue with respect to the DEA’s April announcement to re-schedule. Currently, California’s AB2188 and SB700 do not extend protections for construction trades, security clearance holders and anyone in a ‘safety sensitive’ position. The DEA’s new found medical efficacy of cannabis however, adds another layer of complexity to our evolving pot policies. The key difference between schedule I and schedule III drugs is medical efficacy. Schedule I drugs are said to have a high risk for addiction and no medical benefit. Schedule III drugs are also considered to have a risk for addiction, but they’re medical efficacy is recognized. Subsequently, Schedule III drugs (i.e. - Tylenol with codeine, anabolic steroids or testosterone) can be legally prescribed and used under the watchful eye of a licensed physician.
If the DEA finalizes its re-classifying of cannabis to schedule III, the current gap in employee protection relative to anyone in the construction trade, holding a security clearance or occupying a ‘safety sensitive’ might just get filled. Meaning, under the new rules, as long as an employee is using cannabis off duty and away from the workplace under the care of a licensed physician employers will likely be prohibited from any reprisal actions. If you’re wondering how, the explanation is simple. As with any schedule III drug, employees are only free to use them as long as they are doing so under the direction of a licensed medical professional. Of course, much of this will undoubtedly play out in US courts over the next few years. It’s going to be a wild ride for sure, so buckle up. And let’s keep it classy folks.
@BlacksParson