Quite the questions these days – what should employers do about marijuana testing?<\/p>\n\n\n\n
Before answering that question, several other questions have to be discussed. What State or States do you have employees in and do those States have medical marijuana laws<\/strong><\/a> and\/or recreational marijuana<\/a> laws<\/strong>? Do you have DOT-regulated employees<\/strong>? Do you have employees in safety-sensitive positions? Do you have a drug-free workplace policy?<\/p>\n\n\n\n As of August 2017; 29 States and Washington, DC have legalized the use of the marijuana plant for medical purposes. Several additional States limit use to the nonpsychoactive marijuana extract called cannabidiol (CBD). Also remember that it is illegal under Federal law to prescribe marijuana; doctors “recommend” marijuana (considered protected free speech between doctor and patient) in those States that have medical marijuana laws.<\/p>\n\n\n\n So regarding medical marijuana<\/strong><\/a>, ask what is your company policy – a decision has to be made. Easy decision if you are in those States with no medical marijuana laws and for DOT regulated employees \u2013 marijuana is prohibited. In medical marijuana States you will have to decide if you will prohibit use of marijuana or allow it. Perhaps you will prohibit use of marijuana for safety sensitive employees and allow it for non-safety sensitive employees. Maybe your decision for non-DOT drug testing is to drop marijuana from you testing panel; but first check that perhaps this is in violation of a State law in your State. For DOT regulated employees, all use of marijuana is prohibited regardless of State law.<\/p>\n\n\n\n Court cases in many States have upheld employers\u2019 rights to maintain drug free workplace policies that prohibit the use of marijuana as a condition of employment. But put this policy in writing or forget about winning any challenge.<\/strong> Very recently court cases in Connecticut, Massachusetts and Rhode Island have sent messages to employers to stop and consider each medical marijuana situation as perhaps the applicant or employee has a disability and the use of marijuana would be a protected accommodation. Don\u2019t just refuse to hire or terminate employment without looking at the entire situation and all the facts.<\/p>\n\n\n\n