As if you weren’t already busy enough, corporate counsel dealing with labor and employment have yet another new issue they will increasingly be called upon to address: the use of medical marijuana in the workplace.
Although the possession and use of marijuana clearly violates the Federal Controlled Substances Act (regardless of whether it is medically prescribed or not), a Department of Justice announcement in October 2009 has given rise to additional issues for corporate legal counsel to consider. In October 2009, Justice directed federal agents to target users and distributors of marijuana only when such use violates both applicable state and federal laws.
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