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Labor/Employment,
Administrative/Regulatory

Jan. 7, 2017

High noon in the workplace: employees gone green

Despite the results of the November election, marijuana remains illegal at the federal, and regulating its use in the workforce is an increasingly important conversation for employers in California.

Wendy L. Patrick

Wendy is a California lawyer, past chair and advisor of the California State Bar Ethics Committee (Committee on Professional Responsibility and Conduct), and past chair of the San Diego County Bar Association Legal Ethics Committee. Any opinions expressed here are her own, and do not reflect that of her employer. This article does not constitute legal advice.

The November election was another green flash on the horizon for marijuana use. Several more states rolled out the green carpet, legalizing pot both medically and recreationally, indicating a growing trend toward decriminalizing the green leafy substance across the nation.

Yet using marijuana is illegal under federal law. 21 U.S.C. Section 841(a)(1) classifies the drug as a Schedule 1 substance under the Controlled Substances Act, meaning that the Food and Dru...

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