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Marijuana Laws by State

Author:XpertHR Editorial Team

Although marijuana is still illegal under federal law and considered a Schedule I substance under the Federal Controlled Substances Act, a number of states have legalized the medical or recreational use of marijuana or cannabis. Nevertheless, the laws in those states permit employers to prohibit employees from possessing, using or being impaired by the drug while working and to take disciplinary action against employees who violate drug-free workplace policies.

The following chart shows whether medical and recreational use of marijuana or cannabis is legal in each state. For information on whether a state has legalized the possession and use of cannabidiol (CBD solution) for medical purposes, as well as information regarding marijuana use, please see the state Drugs, Alcohol and Smoking sections of the Employment Law Guide.