Weeding Out: The Clouded Path of President Trump's Cannabis Stance
In its first 100 days, the Trump Administration signed over 100 executive orders, underscoring the President's stance on various issues. However, despite the flurry of actions, cannabis has yet to spark serious attention on the Administration’s agenda. Thus, the future of cannabis remains, as it has been for some time, hazy and unclear.
Legalization of marijuana remains in limbo
Under federal law, marijuana is classified as a Schedule I controlled dangerous substance, akin to heroin, making it illegal. Yet, many states’ laws permit the use of marijuana for medical, recreational, or both purposes. This creates a legal quagmire, as state laws permitting marijuana use cannot override the federal prohibition of the drug.
Biden's blunt approach to cannabis reform
Former President Biden sought to reschedule marijuana from Schedule I to Schedule III to loosen restrictions and allow regulated use. The Biden-led Drug Enforcement Administration (“DEA”) initiated the administrative rulemaking process to reschedule marijuana, but delays hindered its completion.
Cannabis reform under Trump: puffed-up promises or progress?
During his first term, President Trump’s cannabis reform efforts stagnated. Although he voiced support for states' rights to legalize marijuana, his Administration took a cautious approach. The Trump-led Department of Justice rescinded guidance that had eased federal enforcement in states permitting marijuana use. While the Administration showed openness to cannabis reform—particularly regarding banking with the SAFE Banking Act—broad legalization or major federal reform was never pursued.To date, no action has been taken regarding cannabis reform during Trump's second term.
Impact on employers
The legal status of marijuana leaves employers with more questions than answers, especially concerning drug-free workplace policies.
While no federal or state law prohibits private employers in Louisiana from banning marijuana use, state employers must comply with the State’s anti-discrimination law that prevents adverse action based solely on a positive marijuana test. Federal contractors must also account for governing federal regulations that may conflict with their state’s medical marijuana laws.
This does not mean employers cannot take action against employees who are impaired at work. Employers should consult legal counsel for guidance on these issues.
As the legal landscape evolves, employers must stay informed and navigate the complexities of marijuana policies with caution.