It is important to note that while many states have allowed medical and/or recreational use of marijuana, it is still prohibited under federal law. Currently, marijuana is listed as a Schedule 1 prohibited drug under the federal Controlled Substances Act. Companies with federal contracts valued at $100,000 or more are subject to the Drug-Free Workplace Act (DFWA) and are required as a condition of their federal contract, to provide and maintain a drug-free workplace. Though the Department of Labor has suspended enforcement of the DFWA in 2010, the DFWA has not been rescinded. The challenge for federal contractors is, with the DOL suspending enforcement, should they continue to enforce their drug-free workplace policy and implement their drug-free workplace program? Marilynn Schuyler, one of our LocalJobNetwork experts, wrote a great article on this in The OFCCP Digest which you might want to reference. In that article she reminds us that “When federal and state statutes conflict, the federal statute wins.” Because the statute has not been rescinded, DOL can choose to resume enforcement at any time. Therefore, it is advisable that you consult legal counsel before you decide to dismantle or stop implementing any part of your drug-free workplace program.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.