With medical marijuana now legal in three-fourths of all states, some long-term care employers say that pre-employment testing is weeding out otherwise ideal job candidates.
They’re reconsidering whether to test and how to use the results when hiring for non-caregiving positions, according to attorneys who spoke on the issue at the LeadingAge Leadership Summit earlier this week.
“I think it’s an important question in the tight labor market we’re in, particularly in the industry that you are in,” said Dan Burke, an employment law attorney with Graydon, Head & Ritchey. “In the last month, I’ve had several conversations with clients who said, ‘Dan, I can’t continue to do pre-employment drug testing on marijuana and hire anyone.’”
More employers are reconsidering their stance on the topic in more places, especially as new states adopt friendlier laws.
Today, cannabidiol, or CBD, products are legal and sold over-the-counter in all states. Those products sometimes can include THC, marijuana’s main active ingredient, which could lead to a positive drug test in high enough amounts. Meanwhile, 19 states and the District of Columbia have legalized medical marijuana, and another 19 allow use for medical and recreational purposes.
“You’ll see more of that in the next four or five years,” said Cory Kallheim, vice president of legal affairs and social accountability for LeadingAge. “If it’s legal for not only medical but also recreation (use), what are you going to do with your...
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