While federal legislation legalizing or at least, decriminalizing marijuana is still likely far away, legislation at the state level is expected to continue to evolve in 2021. As such, business owners will need to keep an ear to the ground and be prepared to update their own company policies to comply with evolving laws.
At the federal level, marijuana is currently listed as a Schedule 1 drug, meaning that it is deemed to have no medical benefit and instead has a high potential for abuse, a category that includes heroine, ecstasy and LSD. New President, Joe Biden, noted on the campaign trail that he supported decriminalizing marijuana use, although making such a change would require more than a swipe of his pen. Instead, legal eagles suggest that at most, Biden could reschedule the drug, but it would still be illegal for recreational use. Decheduling the drug, meanwhile, would require congressional action and experts suggest that it is definitely not a top-of-mind issue and will thus likely not be a priority.
One federal piece of legislation worth keeping an eye on, however, is the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. This legislation, which was broadly championed by Vice President Kamala Harris, would deschedule marijuana, remove criminal sanctions, and wipe out criminal records for past convictions. On the campaign trail, Harris promised that “under a Biden-Harris administration, we will decriminalize the use of marijuana and automatically expunge all marijuana-use convictions and end incarceration for drug use alone.” While the act was passed by the House on December 4, not all Democrats voted in favor of the legislation and it could face further obstacles in the Senate. Instead, Michael Freimann, an attorney with Denver-based law firm Greenspoon Marder speculates that Congress will reduce the designation of marijuana from a Schedule I to a Schedule II drug. As a Schedule II drug, cannabis would be recognized for its medical utility, but would still be listed as having a high potential for abuse, joining therapies such as fentanyl, hydrocodone and morphine, among many others.
At the state level, however, things are likely to move far quicker. Even if the MORE Act is passed, states would still be on the hook to regulate marijuana and even without the act, many have already taken steps to amend oversight. Currently, 35 states have approved medical use, and 15 of those states and Washington, D.C., also have approved recreational use. Starting in 2021, Arizona, Montana and New Jersey will allow recreational use, Mississippi will legalize medical marijuana in the state, and South Dakota will legalize both recreational and medical use. Other states, meanwhile, are evolving their own legislation and any broad-scale changes regarding decriminalization and more widespread use are expected to happen faster in this setting.
As a business owner, we here at Abel HR recommend that you make every effort to stay on top of legislation in your state, a feat that could become especially complicated if you operate in several states. Luckily, if you’re an Abel HR member, we’re happy to do the heavy lifting and will keep our ear to the ground for any and all relevant updates and be sure to keep you in the loop. If a significant change is passed, you’ll want to be sure to update your company handbook as needed to comply with laws, including potentially breaking out rules and regulations by state if necessary.
In addition, you may need to revise your job application materials to remove or update language regarding drug testing policies and procedures. Again, if you’re an Abel HR member, we’ll be happy to assist you with updating any and all manuals and application wording to remain compliant, as well as help you to coin other communications for your existing employees.
