No Broad Laws
*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.
Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.
What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.
- The only legal access to CBD (“Carly’s Law”) is with a prescription from a board-certified neurologist through the authority of the University of Alabama at Birmingham (UAB) Department of Neurology. Patients diagnosed with debilitating epileptic ailments by a certified neurologist may discuss using CBD oil as a treatment in certain municipalities.
- “Leni’s Law” was subsequently passed providing an affirmative defense for possession of CBD oil “for specified debilitating conditions that produce seizures.”
Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)
- Alabama has a voluntary drug testing law which also provides a premium discount for compliance.
- There are unemployment and workers’ compensation laws in Alabama that contain their own drug testing requirements and which the employer’s program must be consistent with in order to position themselves for denying unemployment or workers’ compensation claims.
- A confirmed positive drug test is considered conclusive presumption of impairment by illegal drugs. If the employer complies with Alabama’s unemployment law regarding the operation of a drug-free workplace, employees will be disqualified for unemployment compensation if their discharge was the result of illegal drug use, refusal to test, or attempts to manipulate the specimen.
- No compensation shall be allowed for an injury caused by an accident due to the injured employee being intoxicated from the use of alcohol or being impaired by illegal drugs. A positive drug test shall be a conclusive presumption of impairment resulting from the use of illegal drugs.
- Apply the Checklist of Impacting Issues for Employee Use of Marijuana provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.
Sources (e.g. Bill Number, Authority)
Sources (e.g., Bill Number, Authority)
- Senate Bill 174 – Carly’s Law
- House Bill 61 – Leni’s Law
- Alabama Code 25-5-300 to -340 – Voluntary Drug Testing Law
- Alabama Administrative Code 480-5-6 – Voluntary Drug Testing Law
- Alabama Code 25-4-78 – Unemployment Law
- Alabama Code 25-5-51 – Workers’ compensation Law
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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.
CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).