There have been many changes regarding the legalization of recreational and medical marijuana in many places across the country. For this reason, employers may need to reexamine their drug testing policies. Here are a few things your company should consider when reviewing your policies on marijuana.
Is it Legal in Your State?
The most important thing to determine is whether your state has legalized marijuana. If so, you may want to readjust policies to ensure that the legal use of medical or recreational marijuana won’t be a problem for your employees during non-working hours. You can still have policies on the use of marijuana while on the job.
Do Employees Work in Legal States?
Some companies have locations in many states, some of which may have legalized marijuana and some which haven’t. You will need to be sure you’re staying compliant with state and federal laws between the states you employ people.
Do the Jobs Require Drug Testing?
Now is also an excellent time to review your drug test policies. It may no longer be necessary to test your employees for marijuana. Or you can look at which positions are most likely to be affected. What’s important is that you make a policy and stick to it. You can’t disproportionately test any one group of employees, which could lead to discrimination problems.
Should You Test for Other Drugs?
Just because marijuana is legal doesn’t mean there’s a drug-free-for-all happening. Marijuana itself is still classified as a Schedule 1 substance under the Controlled Substances Act, which means it’s illegal federally. And other drugs are not receiving any legalization in any state. You should still conduct drug and alcohol tests for specific jobs where these substances can affect performance and safety.
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