Since the late 1990s, when states first began enacting medical marijuana legislation, the widespread adoption of such legislation and eventual legalization of recreational marijuana has created statutory inconsistencies that create significant confusion for employers. This complexity is compounded in states where local regulations conflict with federal law, making compliance particularly difficult; as of June 2024, at least 38 states have passed measures which decriminalize medical (or recreational) marijuana use for state law purposes. Where employers aim to uphold a drug-free workplace, these complexities require employers to ensure that they are implementing and maintaining clear policies to address marijuana use while remaining compliant. ASA has published an issue paper, “Rolling With the Changes: The Impact of Marijuana Laws on Workplace Drug Testing,” written by Fox Rothschild LLP, to help employers understand state statutes and craft a drug policy that reduces liability. The issue paper is an update to the existing ASA issue paper “Clearing the Smoke: Marijuana and the Workplace.”