Why This Story Matters:
Manufacturing employed over 12.7 million U.S. workers in 2022, according to the Bureau of Labor Statistics. Employers in the manufacturing industry face challenges when trying to ensure that they hire the best person for the job. The drug testing of individuals for marijuana in the manufacturing industry is challenging due to constant changes in marijuana drug test laws.
Potential Changes in Federal Marijuana Law
In May 2024, the U.S. Department of Justice (DOJ) submitted to the Federal Register a notice of proposed rulemaking initiating a formal process to consider moving marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (CSA). This notice and other developments present challenges to marijuana drug testing in the manufacturing industry.
Marijuana has been classified as a Schedule I drug since Congress enacted the CSA in 1970. The rulemaking process would transfer marijuana from its current classification as a Schedule I drug alongside heroin and LSD to a less dangerous Schedule III drug alongside ketamine and some anabolic steroids. Until a final rule is published, marijuana remains a Schedule I drug.
The move to reclassify marijuana comes after U.S. President Joe Biden issued a “Statement on Marijuana Reform” in October 2022 that said imposing jailtime for possessing marijuana had “incarcerated people for conduct that many states no longer prohibit” and asked the U.S. government to launch a scientific review of how marijuana is scheduled under federal law.
Despite marijuana potentially being reclassified as a less dangerous Schedule III drug by the U.S. government, it is still illegal at the federal level. However, many states have legalized marijuana for medicinal or recreational use, creating a confusing patchwork of laws for employers who perform drug testing for marijuana in the Manufacturing industry to navigate.
Changes in State Marijuana Drug Testing Laws
Many states have passed laws regarding marijuana workplace drug testing, including prohibiting employers from punishing workers who fail drug tests that detect only inactive cannabis compounds called nonpsychoactive metabolites that indicate past use. Instead, they would test for tetrahydrocannabinol (THC) which indicates a worker is currently under the influence.
On January 1, 2024, two laws in California and Washington took effect to provide protections for adult users of marijuana seeking employment. Both California Senate Bill 700 and Washington Senate Bill 5132 make it unlawful for an employer to discriminate against an applicant based upon the person’s use of marijuana “off the job and away from the workplace.”
Manufacturers want drug testing solutions that meet the needs of each position while complying with ever-changing federal, state, and local laws. Since manufacturing workers may need to operate complex equipment or lift heavy objects, an impaired worker who attempts these crucial tasks while under the influence of drugs could create a dangerous work environment.
Benefits of Drug Testing
The benefits of drug testing are many and include a reduction of costs related to “bad hires,” enhanced quality of job applicants, reduced liability, and a reduction of workplace accidents. Conducting drug testing allows employers in the manufacturing industry to hire the best workers and create a safe workplace for employers, employees, and the public.
Drug testing is critical to hiring people who respect and follow essential safety standards. While maintaining a reliable and trustworthy workforce is vital to the success of any business, it is especially important in the manufacturing industry since one “bad hire” can destroy expensive machinery, damage quality assurance, create product delays, and cause injury or death.
How ClearStar Can Help
ClearStar has the expertise and experience to help the manufacturing industry achieve compliance requirements through a comprehensive screening system that affirms the truth about job candidates. Employers in the manufacturing industry can make informed decisions that are safe, secure, and meet the highest standards for integrity in background screening.
The manufacturing industry is involved in all that our country produces and its workers handle the most in-demand items in our society. ClearStar can help the manufacturing industry mitigate risk, reduce liability, ensure worker safety, and protect the public. ClearStar’s Manufacturing Background Checks offer innovative screening solutions for advanced industries.
Manufacturing is all about getting the right product to the right place at the right time. ClearStar is a screening partner that ensures that manufacturing employees have the right people in place who are ready to build, create, produce, make, and ship products. In addition to comprehensive drug testing with over 15,000 locations nationally, ClearStar offers manufacturing:
- Complete domestic and global background checks/screening
- Education, employment, credential, and reference Verifications
- Medical Information Services (Vaccinations, Titers, Physicals, etc.)
- Full integration with most Applicant Tracking Systems (ATS)
- Low cost services with exceptional Turnaround Times (TATs)
- Single candidate invite (Text and Email) for all services
- Candidate/applicant friendly mobile solutions
- Industry leading response times to get the right people hired….quickly!
ClearStar is a global workforce screening company specializing in background checks, drug testing, and occupational health services. ClearStar offers Drug Screening Compliance Packages, a Marijuana Legality Interactive Map, and a State Drug Testing Laws Interactive Map to help employers comply with various drug testing laws. To learn more, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
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.
