Congressional decision to limit DOJ medical marijuana prosecutions will not affect employers

The legislation does not legalize the drug, but prohibits the U.S. Department of Justice from using federal funds to prevent the implementation of medical marijuana laws in states and localities that have already legalized the use, growth and distribution of medical marijuana.

The rider, which was tucked into the recently signed congressional spending bill, does not repeal the federal ban on marijuana and does not affect states where medical marijuana has not been legalized. According to the law firm of Littler Mendelson, the rider simply takes the DOJ’s already "relaxed approach to prosecution" and "codifies that policy approach as law." The rider is set to expire on Sept. 30, 2015.

Although the spending bill will likely impact the enforcement of criminal laws in places where medical marijuana is legal, employers with work place drug testing policies can still discipline or terminate employees who return a positive test for marijuana even as a result of medicinal use in a state or locality where it is deemed lawful.

Currently Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington and Wisconsin all authorize the use, distribution, possession or cultivation of medical marijuana.

Source: Littler Mendelson Workplace Policy Update, 12/30/2014