Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, recently appeared on Blunt Business hosted by Cannabis Radio. In this episode, he unpacked the complex legal challenges surrounding cannabis use in employment settings, particularly the difficulty of addressing impairment while respecting employee rights.
Medical Cannabis and the ADA
Bauchner discussed the intricacies of medical cannabis use and its legal implications. While some states provide protections for medical cannabis patients, federal law does not — meaning the Americans with Disabilities Act (ADA) currently offers no protection for cannabis use. This inconsistency between state and federal law creates added complications for both employers and employees when it comes to workplace accommodations and compliance.
Rescheduling, Descheduling, and Tax Implications
The conversation also looked ahead to how potential DEA rescheduling or descheduling of cannabis could alter the landscape. A change at the federal level may influence ADA protections and ease restrictions on businesses, but it would not solve every challenge. Bauchner emphasized that reforming Section 280E of the IRS Code, which currently prevents cannabis businesses from taking standard deductions, and passing the Safe Banking Act would provide more immediate, meaningful relief for the industry.
Testing and Workplace Policy Challenges
Beyond legal inconsistencies, Bauchner highlighted how current testing methods fall short of accurately measuring cannabis impairment. This creates uncertainty for employers tasked with maintaining safe workplaces while respecting lawful cannabis use by employees. The lack of reliable testing underscores the need for clear, practical guidance as laws continue to evolve.
Why This Matters
Employers are left in a delicate position: they must balance safety and compliance with fair treatment of workers whose cannabis use may be legal under state law. For the cannabis industry itself, ongoing uncertainty in federal policy adds financial and operational strain. By prioritizing measures like banking reform and tax relief, lawmakers can provide clearer pathways for businesses while courts and regulators address employment-related concerns.
Listen to the Full Episode
Joshua’s full interview on Blunt Business is available on Cannabis Radio.
For more information, you can reach Joshua Bauchner at jbauchner@mblawfirm.com or at 646-369-0250.