What Do New Marijuana Laws Mean for Employee Drug Testing?

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• Over the past decade, the United States has
  significantly relaxed its stance on marijuana. As
  of this year, four states (CO, OR, WA, AK) and
  Washington DC have now legalized recreational
  use, while twenty-three others allow their
  residents access to medical marijuana. With rules
  varying widely by state, many Americans have
  found themselves questioning how the new laws
  will affect their rights.

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• Many new marijuana laws are vague and open to
  interpretation, so its no wonder citizens have
  concerns. Residents of legalized states, in
  particular, question how legal marijuana will
  affect day-to-day life. One of the most
  contentious issues is determining how the new
  laws will affect workplace drug testing and
  rights to privacy.

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• Though many states are becoming more lax about
  recreational marijuana, its still classified as
  an illicit substance by the federal government.
  This fact alone is why workplace drug tests may
  still be allowed in many circumstances. Similar
  to alcohol, employers are concerned about
  regulating the use of or repercussions of
  marijuana in the workplace.

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• The short answer is yes, even if you live in a
  state with legal marijuana. Since the federal
  government still considers marijuana illegal,
  some companies may have the grounds to continue
  drug testing. This is especially common for
  companies that have regional offices and
  employees who travel state-to-state.

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• This largely depends on the state, and how
  marijuana is being used by an employee. Some
  states have written information about workplace
  drug testing into their legislation. For example,
  the state of Pennsylvania is considering a
  medical marijuana bill that would prohibit
  employers from firing a prescribing employee that
  uses outside of work hours. While some states
  also provide mandatory rehab instead of
  termination, others favor the federal
  governments zero tolerance policy.

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• Some employers question whether drug testing is
  productive in the face of the new laws. It brings
  up privacy issues for many, especially since most
  drug tests measure recent usage instead of
  current impairment. Businesses also worry about
  the long-term effect that drug testing might have
  on the workforce as a whole. Terminating an
  employee due to weekend marijuana usage may
  disintegrate trust between employers and
  employees, leading to a deficiency of quality
  workers in a given industry.

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• If you live in a state with legal marijuana and
  worry about how it affects your rights in the
  workplace, make sure you do your research. Start
  internally by brushing up on your companys drug
  testing policy and notating any concerns. With
  laws changing as recently as this year, your
  company policy may very well be outdated. If this
  is the case, work with HR to develop a new policy
  that satisfies all parties involved.

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• If you have doubts about your companys drug test
  policy, speak to HR. You may also want to
  consider talking to an attorney who specializes
  in medical marijuana legislation. He or she can
  help translate the intricacies of your states
  marijuana laws and make sure you and your
  colleagues are protected.

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• Clear Test is dedicated to helping clients
  protect both their jobs and the right to privacy.
  We provide products to help pass drug tests, from
  synthetic urine to detox drinks. For more info,
  visit our website at ClearTest.com or call
  1-800-248-5655.