On June 1, 2021, Amazon said it would immediately end pre-employment marijuana drug testing for all jobs outside of those subjected to federal requirements, instead opting to treat marijuana use similarly to alcohol use.
Reaction to the e-commerce giant’s move was swift; speaking to HR Dive, some employment law attorneys predicted the policy change would create a “ripple effect” in the compliance landscape, given the divide over marijuana legalization at the state and local level and the need to attract talent, among other factors.
More than one year later, employers are increasingly moving away from pre-employment drug testing, particularly for marijuana use, according to Jessica Summers, principal at Maryland-based law firm Paley Rothman.
“Primarily, we’re representing the mid-to-smaller regional businesses in the [District of Columbia, Maryland and Virginia] and very few of them still do drug testing for the full workforce,” said Summers, who noted that the trend does not apply to those who recruit for positions for which drug tests are required by the U.S. Department of Transportation. But since the pandemic, she said she has not seen any client interest in implementing any new drug testing programs.
Employers, Summers added, are seeking policy changes partly in order to compete for talent, but they also have done so in response to changing laws.
As of September 2022, 19 states have legalized recreational marijuana use to some degree, according to the National...
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