The U.S. House of Representatives has approved a federal bill that would decriminalize cannabis use. However, this bill’s fate in the Senate is unclear right now. If this bill is signed into law, the act would resolve any conflict between federal and state law that causes any confusion for employers. State laws associated with the use of medical and recreational marijuana still vary from state to state.
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act, H.R. 3617, passed the House in a 220-204 vote on April 1. All but two Democrats voted for the measure and all but three Republicans voted against it.
The Senate is currently split 50-50 between Democrats and Republicans. When the Senate is divided, Vice President Kamala Harris serves as the tie-breaking vote. With that said, the bill would need a total of 60 Senate votes to break a filibuster.
States Still Regulate Cannabis
Since marijuana is still listed as a Schedule I drug under the federal Controlled Substances Act, marijuana is still considered high for abuse and serves no medical value. The MORE Act would remove marijuana and criminal sanctions, and provide some relief for previous convictions.
For the workplace, states would continue to regulate cannabis and would not be required to legalize its use. Thirty-seven states have currently approved medical marijuana use with 18 of those states also approving recreational use. Employers are still able to create policies that prohibit any cannabis use by their employees.
How To Adapt To Changing Attitudes
Cannabis laws will continue to expand at the state level regardless of whether the federal government approves this bill. About 68% of Americans believe that marijuana should be legalized. 31% of Americans feel that marijuana should be legal only for medical use with 8% saying it should not be legal at all.
There’s an increasing number of people in the workplace who have failed drug tests. In 2021, positive drug tests reached the highest level in two decades. In light of COVID-19, many employers are struggling with staffing shortages, so testing for marijuana is no longer a main priority for companies. Despite these unprecedented times, employers need to focus on training managers and supervisors on proper ways to approach employees when they might be working under the influence. With that being said, any employee that goes through the drug screening process must be thoroughly documented.
Take A Proactive Approach To These Ongoing Changes
As the cannabis industry continues to evolve, partnering with GMS will benefit your business. The experts at GMS work with you to make your company simpler, safer, and stronger. GMS will keep you up-to-date on any changes whether industry-specific or government-related. Contact us today to learn how GMS can help make your job easier.