Currently, 39 US states and the District of Columbia have marijuana laws and allow some type of legal use of marijuana. Many states limit use to medicinal purposes; some allow recreational use. If your company does pre-employment drug testing, these new marijuana laws have complicated your testing criteria considerably.
How do you conduct proper screening for habitual drug users while still allowing those using the drug to assist with medical conditions to pass the testing?
Pre-employment drug screening with today’s new marijuana laws
If you require pre-employment drug screening and you haven’t reviewed your screening policies recently, now is a good time to do so. Some parts of the country, such as the State of Nevada and New York City, have banned pre-employment testing for marijuana altogether. These bills will go into effect in January 2020. Other areas have legislation that protects those who use marijuana for medical reasons or courts have upheld employment discrimination cases under state disability laws.
However, not all jobs are covered under these new marijuana laws. Employers of drivers, law enforcement officers and emergency EMTs can still screen for marijuana use and refuse employment based on test results. In addition, applicants for some federal jobs are exempt from protection under these new marijuana laws.
Pre-Employment Testing For Marijuana
Many companies around the United States are ceasing pre-employment testing for marijuana, treating usage much like they treat alcohol usage, by only intervening when job performance is affected or the employee is visibly impaired.
To learn more about how to make pre-employment screening work for you in this new atmosphere of legalized marijuana, visit or call us today. We’ve been helping businesses of all sizes with their pre-employment background screening for more than a decade.
Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.