LEGAL UPDATE – House Passes Federal Marijuana Decriminalization Bill (MORE Act)
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On April 1, 2022, the U.S. House of Representatives voted 220-204 in favor of decriminalizing marijuana at the federal level.
Although the Marijuana Opportunity Reinvestment and Expungement (MORE) Act is not expected to become law due to lack of support in the Senate, the House vote is significant because it is the second time either chamber of Congress has acted to remove federal prohibitions against marijuana use.
The House previously passed a similar version of the bill on Dec. 4, 2020. While that bill was never brought up in the Senate, the new MORE Act is generally considered more likely to at least reach a vote in that chamber.
The MORE Act
The MORE Act would eliminate all federal criminal penalties related to marijuana by removing it from the federal Controlled Substances Act. It would also expunge virtually all federal marijuana convictions back to 1971, create grant programs, and impose a 5% sales tax on all marijuana products.
Employer Impact
An amendment included in the new bill would require the federal government to conduct a study on how state recreational marijuana laws affect various aspects of the workplace, such as workers’ compensation claims and sick days used.
The MORE Act also includes protections against being denied any federal benefit based on marijuana use or convictions. Otherwise, it does not address marijuana in the context of private employment. Therefore, employers should watch for more information and become familiar with and follow all applicable state and local laws relating to marijuana and employment.
- Published in Blog
Dazed and Confused
By Bailey Penrose, Employer Services Account Manager
Marijuana is becoming a problem, y’all. Not from any philosophical or moral viewpoint (that’s an individual’s point of view and out of my purview) but from an employment standpoint. As it currently stands, 36 US states and 4 US territories have legalized cannabis products for medicinal use; 18 US states, 2 US territories, and the District of Columbia have legalized cannabis products for recreational use. On the flip side, on the federal level the use of cannabis products for either medicinal or recreational purposes is totally illegal.
The divide between state and federal regulation is causing some distinct headaches as employers and individual’s try to understand which standard to follow. We don’t have to look very far to see examples of this. Just look at the headlines from the beginning of July, where athlete Sha’Carri Richardson ran afoul of differing rules:
Guidance is still coming, but I’m afraid it’s going to be a little bumpy as the US feels it’s way through the quagmire. Please see the articles included here for more information on how these regulations realistically apply to employers and their employees.
Weed at Work: Must Employers Accommodate Medical Use?
How Should HR Respond to Federal Marijuana Legalization?
Alaska Drug and Alcohol Testing Laws
Legalized Marijuana and Employment – Off-Duty Use and Drug Testing
- Published in Blog