Can My Employer Still Test For Marijuana If It’s Legal?

While 39 states have approved the establishment of a medical marijuana programs, 18 states, including Washington, D.C., currently have marijuana laws in place that permit the cultivation, possession, and use of marijuana for everyone.

The most commonly abused controlled substance in the United States is marijuana. The primary psychoactive component in marijuana that makes consumers appear "high" is THC. In a number of states, marijuana possession and use are no longer considered crimes, therefore there will be no arrests or legal action taken. However, in all 50 states, marijuana is still illegal under federal law.

You must be familiar with the laws in your state. Some states prohibit taking negative action only because of a positive marijuana test. According to other states, you can act negatively. and some states, if there was further proof, such as a reasonable suspicion that an employee may have been under the influence during their work shift, in addition to the positive marijuana test, you are permitted to take negative action.

Employers should be mindful that, even in states where marijuana usage is permitted, different employment protections may be outlined in statutes and court rulings. The detailed nature of this issue will differ by state. The issue of determining whether employees and job candidates use cannabis at work or on their own time has been raised. The most important marijuana-related concern for companies is workplace safety, not legalization.

Contrary to alcohol, it can be exceptionally tough for employers to determine whether a positive marijuana drug test was caused by using the substance during work hours or not.

Some state laws specifically safeguard registered medical marijuana users in the workplace, while other state laws make it clear that employers are not required to permit any marijuana use, even when it occurs off-duty. Each State also has various regulations regarding the procedures that must be followed by employers before they can take disciplinary or termination action against an employee who tests positive for marijuana.

When an applicant or employee claims to use medical marijuana and a drug test for marijuana comes back positive, the employer should refrain from taking any immediate decision. The employer should first check to see if the state in question offers employment safeguards to medical marijuana users, and if it does, they should think about having a conversation with the employee to see if there are any other reasonable accommodations they can make without letting the employee use or be under the influence of medical marijuana while at work.

Accidents, injuries, and lost productivity are caused by impairment. The safety of employees is something that employers naturally want to prioritize. Employers can still enforce policies that have zero tolerance for using drugs or alcohol. Employees should be required by policy to report their use of any substance that may harm them and affect their ability to safely perform their duties to whomever is in charge of monitoring employee medical conditions.

Some businesses continue to impose strict restrictions and zero-tolerance regulations, even for cannabis use outside of work hours. Others are relaxing their restrictions and only penalizing workers for negative drug tests when it is obvious that it has had a negative impact on their productivity. Even some employers now allow recreational marijuana use while working.

If your employer believes that you might be at risk of hurting yourself or someone else because you are intoxicated at work, they can usually drug test you at random.

Don't automatically assume that simply because marijuana is legal in your state, it's also prohibited for your employer to test for it. Due to the complexity of the case, it is necessary to be knowledgeable about all current local regulations. It's critical for both companies and potential employees to stay current with these rules because they are subject to frequent change.

Despite the fact that recreational cannabis use is legal in many places, businesses still retain the right to ensure a drug-free workplace by conducting pre-employment marijuana tests. Drug use at work is prohibited by many employers. If you violate these guidelines, they may terminate you. They cannot, however, utilize these laws as an excuse for discrimination. The laws must be applied fairly by all.

Employers are still free to establish drug-free workplace policies and conduct workplace drug tests as they consider appropriate, including for post-incident, pre-employment, random, and reasonable suspicion purposes.

One of the most significant factors contributing to workplace incidents, poor work ethic, conflict, and other ongoing issues are employee drug and alcohol usage. Despite the fact that using medical marijuana is far different from abusing drugs excessively or using illegal substances, it is always a good idea to take proactive measures to keep the workplace drug-free. The importance of developing and implementing a successful drug-free workplace policy cannot be underestimated.

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