Should the federal government remove marijuana from its list of Schedule I drugs, employers might see their obligations under federal laws change, such as those dealing with workers with disabilities under the Americans with Disabilities Act, attorneys with Littler Mendelson said in a December analysis. The attorneys also noted that even rescheduling marijuana as a Schedule III drug would mean it would still be classified as a controlled substance under federal law.
“Until then, employers of regulated employees should and must maintain their policies in accordance with those regulations,” according to Littler. “And, for non-regulated workers, protections for medical marijuana may be found in existing state law, but are not yet approved or required for any worker as a matter of federal law.”
