Legal Marijuana and Employment Drug Screening

Rapidly changing laws and legalization of marijuana in states across the USA are causing changes to how some employers conduct drug screens. In some locations, employers are required to exclude marijuana from drug testing, while others voluntarily choose to omit it to reflect the legal shifts.

Are you wondering how to navigate employment drug screening in the era of legal marijuana, or what the impact of marijuana legalization on workplace policies will be? This article covers the challenges brought on by legal marijuana and drug testing in the workplace and tips to help employers adjust.

Jared Rosenthal
Published on

The Impact of Marijuana Legalization on Workplace Drug Testing

Based on a Gallup poll, 68 percent of Americans support marijuana legalization. More and more states have voted recently to legalize the recreational and medical use of marijuana. Many Americans would like to make marijuana "quasi-legal," meaning it could not be advertised, but people who use it would not be prosecuted.

Despite the complicated nature of legal marijuana and drug testing, employers retain the right to prevent marijuana use or intoxication at work. Thus, it's important to create a clear drug-testing plan that includes easy-to-follow training and methods for quickly spotting and handling any signs of marijuana use.

Navigating Marijuana Laws for Employers: Ensuring Compliance in Drug Testing Policies

Especially when state and federal laws differ, navigating marijuana laws for drug testing can be tricky. Before initiating employment drug testing, consider the following:

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Specific industry requirements may require marijuana testing due to safety concerns
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State-specific regulations might introduce drug testing limitations that prevent companies from testing employees for marijuana
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Depending on the business, marijuana testing may be federally regulated

Challenges of Maintaining a Drug-Free Workplace in the Era of Legal Marijuana

The impact of marijuana legalization on workplace policies is significant. It can be challenging for employers to maintain safety and fairness, as drug tests that include testing for THC may penalize sober individuals for residual presence. Employers should choose a reliable drug testing company that offers specialized testing solutions, such as tests excluding THC. Even if the employer is based in a state where THC is outlawed, choosing a drug testing company with a wide range of testing solutions can help protect against potential future legal changes.

Adapting Drug Testing Policies: Strategies for Employers in the Age of Legal Marijuana

As marijuana laws continue to evolve, employers can take several steps to avoid legal issues while ensuring a safe workspace:

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Develop clear, comprehensive policies communicated transparently to all employees
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Follow state laws
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Train management to identify drug-influenced behaviors and consistently enforce policies
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Establish guidelines for post-accident drug testing
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Off support to employees who struggle with substance abuse
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Provide support to employees with drug use disorder

Health Street's Advantage: Diverse Array in Customizable Drug-Testing Options

With the constant change of laws and regulations, it is more important than ever to partner with reliable drug screening providers. Health Street offers a wide range of test options while bringing fast and accurate results.

Ready to ensure workplace safety for your employees? Take proactive measures and order a comprehensive employee drug screening with Health Street.

Citations

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Baker, Y. F. (2021, July 7). Do disability laws cover medical marijuana use?. SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/state-disability-laws-medical-marijuana.aspx
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Dowd, T. (2021, August 19). Council post: Navigating marijuana laws: It's time for employers to review related drug testing policies. Forbes. https://www.forbes.com/sites/forbeshumanresourcescouncil/2021/08/19/navigating-marijuana-laws-its-time-for-employers-to-review-related-drug-testing-policies/?sh=6dbaae0c2777
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Guide to disability rights laws. ADA.gov. (2023, October 6). https://www.ada.gov/resources/disability-rights-guide/
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Allen Smith, J. D. (2023, August 7). How can employers respond to laws legalizing marijuana?. SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employer-response-laws-legalizing-marijuana.aspx
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Marijuana at work. National Safety Council. (n.d.). https://www.nsc.org/nsc-membership/marijuana-at-work
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Jeter, L. (2020, November 9). The effects of marijuana legalization on employment law. National Association of Attorneys General. https://www.naag.org/attorney-general-journal/the-effects-of-marijuana-legalization-on-employment-law/
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Corp, M. D. (n.d.). Adapting drug testing policies in the era of legalization: Navigating changing laws and societal attitudes. LinkedIn. https://www.linkedin.com/pulse/adapting-drug-testing-policies-era-legalization/?trk=pulse-article_more-articles_related-content-card
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Jo McGuireAug 31, 2016. (n.d.). Maintaining drug-free workplaces where marijuana is legal. Occupational Health & Safety. https://ohsonline.com/Articles/2016/08/31/Maintaining-Drug-Free-Workplaces-Where-Marijuana-is-Legal.aspx?Page=1
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Employer drug-testing policies must evolve with state law. Troutman Pepper - Employer Drug-Testing Policies Must Evolve With State Law. (n.d.). https://www.troutman.com/insights/employer-drug-testing-policies-must-evolve-with-state-law.html
Jared Rosenthal
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