Legal Impacts to Airports from State Legalization of Cannabis (2025) / Chapter Skim
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Legal Impacts to Airports from State Legalization of Cannabis
Pages 3-19

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From page 3...
... except when it is 1. Cannabis Sativa L., Cannabinoids, Effect on the Body quoting the Controlled Substances Act or where the term "marijuana" is used in the information or source cited.
From page 4...
... . throughout%20the%20nervous%20system (last visited Jan.
From page 5...
... renewed annually in congressional appropriations the CSA.31 On May 21, 2024, the Attorney General issued a bills, which prevents federal prosecutors from using federal Notice of Proposed Rulemaking, recommending that cannabis funds to impede the implementation of medical cannabis laws be rescheduled to Schedule III.32 A move to Schedule III, if enacted at the state level.25 Courts have interpreted the provision finalized, acknowledges that cannabis has accepted medical to bar the DOJ from prosecuting any person or entity in strict use and is less dangerous than drugs in Schedules I and II.33 However, rescheduling to Schedule III would not make state cannabis programs federally legal because no state licensed entity is registered, as required by the CSA, with the DEA or 19 The Cole Memo's articulated federal priorities included: (1) likely to be registered by the DEA, absent some legislation distribution to minors; (2)
From page 6...
... were illegal Schedule I therefore, the federal government could theoretically arrest controlled substances, along with cannabis generally, under and charge every active cannabis operator in the United States. the CSA.36 The 2014 Farm Bill authorized states to establish The U.S.
From page 7...
... Relation to Food, Drug, and Cosmetic Act although one has decriminalized possession of small amounts, The 2018 Farm Bill's framework for hemp production and leaving only Idaho and Kansas with complete criminalization.50 its removal from the CSA does not alter the Federal Food, Appendix A contains a detailed map showing the various state Drug, and Cosmetic Act ("FDCA") or the authority of the legal cannabis programs.
From page 8...
... while also use, federal law continues to classify cannabis as an illegal affirming state's rights to impose additional restrictions on controlled substance. This discrepancy theoretically complicates products manufactured or marketed in the state.57 enforcement and regulation, especially in federally governed State laws vary in many important ways, including: (1)
From page 9...
... DOT state cannabis legalization: the Fourth Amendment of the imposes drug testing requirements for transportation workers Constitution, the U.S. Department of Transportation's (DOT)
From page 10...
... Airport Grant Assurances Alcohol Policy issued a "Compliance Notice." That document Whether (or to what degree, if any) , state legalization of explained that despite the legalization of adult-use and medical cannabis has on federally funded airports under the FAA's marijuana in some states, the DOT would continue to enforce grant assurance program is a concern for airports within the strict drug testing regulations for safety-sensitive transportation larger context of federalism detailed earlier.
From page 11...
... Airports." In consultation with the Office of the Chief Counsel, On October 19, 2019, the FAA issued guidance on the and for the purpose of ensuring "a consistent and nationwide matter of cannabis cultivation at federally obligated airports, position on the issue," the FAA's CGL specifically addressed the stating that the cultivation, storage, or distribution of marijuana question whether CBD oil and hemp products were controlled is strictly prohibited on federally obligated airport property substances in consideration of established federal governing regardless of any state laws.75 The FAA received several inquiries federally obligated airports.77 about whether cannabidiol ("CBD") oil and hemp products were The FAA's 2022 CGL confirmed that marijuana is classified considered controlled substances under the policy -- a question as drug code 7360 by the DEA and is a Schedule I controlled that lingered for several years.76 substance.78 Additionally, the CGL confirmed that a commercial marijuana distribution operation violates the Controlled Substances Act and constitutes a felony under federal law, 73 Id.
From page 12...
... If two entities are deemed The FAA also recognized the Agriculture Improvement Act joint employers, the secondary employer can be held legally of 2018 -- Farm Act -- removed "industrial hemp" from the list responsible for the primary employer's employment liabilities. of controlled substances outlined in the CSA.81 As with CBD oil, An example helps illustrate the principle.
From page 13...
... is subject to specific DOT or FAA regulations (e.g., an air traffic It nevertheless remains unacceptable for any safety-sensitive controller) , then the specific federal regulations will control over employee subject to the DOT's drug testing regulations to use conflicting state laws, as discussed in more detail later.
From page 14...
... to mandatory drug testing.87 Various other federal agencies, including the Federal Motor Carrier Safety Administration, the c. The Drug-Free Workplace Act Department of Defense, and Nuclear Regulatory Commission The Drug-Free Workplace Act ("DFWA")
From page 15...
... As a reasonable accommodation, and must establish a drug-free awareness program for their the employer may have to grant an exception to its drug testing employees. A "controlled substance" means a controlled policy and allow the employee to start work two hours later.
From page 16...
... This section rely on other means for taking adverse actions against employees discusses the most common state-law employment issues related they believe are impaired on the job. This means employers to marijuana use, including the duty to accommodate, state should train supervisors on recognizing and documenting signs prohibitions against off-duty marijuana use, and drug testing of impairment in case they may take adverse action against an and zero-tolerance policies.
From page 17...
... Pre- and During Employment Drug Testing possess, be impaired by, or use cannabis in the workplace or in Most states permit pre-employment and employment violation of employer obligations under federal law.101 drug testing for cannabis but implement various restrictions While the new cannabis laws in California protect off- including that the test occur only after employment offer is made duty cannabis use, the law does not expressly address whether or after employee receives a copy of the employer's written drug cannabis use away from the workplace during employee testing policy, or that employers refrain from making adverse breaks -- when the cannabis use does not impair an employee -- is employment decisions (including refusing to hire an employee) also prohibited.
From page 18...
... rather than the actual job functions.107 Drug testing policies currently vary widely among airports, The Iowa Supreme Court also cautioned employers to make including those within the same state. In California, for example, determinations on safety-sensitive positions on a job-by-job airport operators within the state differ on their cannabis testing basis and provided several factors an employer should evaluate policies during pre-employment screening, post-accident/return in determining whether the position is safety sensitive: specific to duty tests, reasonable suspicion testing, and random screening.
From page 19...
... of drug testing for those in safety-sensitive aviation activities ("SSAA") such as flight crew, maintenance staff, and security V


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