As many state laws have grown increasingly permissive of both medical and recreational cannabis use, workplace drug testing laws have also evolved.
One of the most common labor and employment law questions is: if cannabis, or marijuana, is legal, can employers drug test? The answer: usually. While a few states that have legalized cannabis either place limits on testing employees and applicants or protect employees from discrimination based on their legal drug use, most states allow employers to test for cannabis use.
In New York, for example, where recreational and medical cannabis use are legal, employers are prohibited from testing current and prospective employees. Other legal states, such as Nevada, prohibit job denial based on a positive cannabis test result.
On the other hand, in a state like Georgia, which still outlaws cannabis, employers may uphold zero-tolerance drug policies with cannabis testing. Companies that employ people in multiple states will have to establish policies that account for wildly differing treatment of cannabis use.
Employers must also consider state privacy laws. As an example, Illinois’ reclassification of cannabis as a “lawful product” holds implications for the state’s Right to Privacy in the Workplace Act, which prohibits employers from discriminating against employees for off-duty “use of lawful products.”
In addition to varying...
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