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blog article
MEDICAL MARIJUANA AND THE DRUG-FREE WORKPLACE ACT
Presently 33 states and the District of Columbia have enacted medical marijuana laws. While some of these laws have been on the books for several years, the impact on employers and company policies are still evolving. This issue has created confusion for federal contractors who are required to comply with the Drug-Free Workplace Act (DFWPA) of 1988 (41 U.S.C. 81). The Act requires a federal contractor with a contract greater than the simplified acquisition threshold to maintain a drug-free workplace and lays out specific actions the contractor must take to ensure compliance. According to the Act, a “drug-free workplace” means the site(s) for the performance of work done by the contractor in connection with a specific contract where employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. It further defines “controlled substance” to mean a controlled substance in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812). READ MORE