Welcome to Ask an Adviser, EBN's weekly column in which benefit brokers and advisers answer (anonymous) queries sent in by our readers. Looking for some expert advice? Please submit questions to [email protected]. This week, we asked Tracy Vrchota, vice president of compliance at employment background screening and workforce monitoring service provider Accurate Background, to weigh in on the following: How should our drug testing program respond to evolving marijuana laws?
Terrific and timely question! Marijuana legalization has spread across the U.S., furthering the acceptance of and accessto this substance. As of July 2022, 38 U.S. states have legalized medical marijuana, and 19 states have legalized its use for recreational purposes, with more states poised to follow suit.
In response, some states have amended their drug testing laws by prohibiting employers from testing current and prospective employees for pot and by prohibiting job denial. California, for example, as recently as this month passed a bill to become the seventh state to restrict the ability of employers to penalize workers who test positive for the presence of cannabis.
This is all happening while marijuana is still a Schedule 1 drug at the federal level, with possession and use being illegal. Yet, as this "green revolution" continues to sweep the nation, and more states are changing their laws, private employers nationwide are being forced to reevaluate their drug testing policies to ensure...
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