On August 12, 2016, the Drug Enforcement Agency announced that it would not reschedule marijuana, leaving it as a Schedule 1 controlled substance for the following reasons:
- Marijuana has a high potential for abuse
- Marijuana has no currently accepted medical use in treatment in the United States
- Marijuana lacks accepted safety for use under medical supervision
First, it means that marijuana remains illegal, even in states that have passed medical or recreational marijuana laws. Court decisions such as Coats vs Dish Network in Colorado remain valid precedent - the case decision supporting that marijuana is not protected under lawful activity statutes because for a product or activity to be legal, it must be legal at both the state and federal level.
Employers may continue to enforce drug-free workplace policies and drug testing programs knowing that they have legal precedence on their side.