Are marijuana laws changing employee screening?

It’s pretty much a given.

In the world of employee drug testing, screening for marijuana is standard. It’s been part of federally regulated workplace drug tests since the 1980s and, according to a study from The Institute for Behavior and Health, marijuana “has been and remains the most widely used illicit drug in the workplace.”

But testing for marijuana may not be on employers’ to-do lists much longer.

Why the change? According to reports, it’s the flock of states making marijuana legal in some form or another.

Twenty-eight states plus the District of Columbia have medical marijuana laws on their books and a handful of those states—Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and the District of Columbia—have OK’d recreational marijuana, too.

With the legalization of marijuana, employers are facing a choice—to test or not to test?

In several states, testing is being phased out. In Maine, when recreational marijuana laws hit the state in February 2018, employee-screening rules will have a new twist. Next year, employers will still be able to test for marijuana, but refusing to hire a new employee solely because they failed a drug test for marijuana will be against the law.

These changes related to testing may not be the most important issue, though.

Experts say one of the critical issues for businesses is that they create a “comprehensive, legally acceptable drug policy that clearly addresses decriminalized marijuana use.” It’s also important for that policy to address medical marijuana use, as many state laws require employers to give special accommodations to those users.

Keeping track of changes like these can cram your already crowded to-do list. But the team at ClearStar can help! We partner with companies to help them not only with screening, but also to keep them up-to-date on related laws. Contact us today to learn more

At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.