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:
What This Means:
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.