Should Businesses Change Marijuana Testing Policies?
During the elections on November 8, 2022, Missouri and Maryland joined 19 other states and the District of Columbia to legalize recreational marijuana. As more states allow recreational marijuana use, business owners are forced to consider changing their marijuana testing policies.
What are the consequences of testing positive on a marijuana test, especially with an employee shortage?
“Some employers have begun relaxing their drug-testing policies to account for the current reality that a positive cannabis test may not be indicative of illegal drug use or other employment-disqualifying actions,” Greta Bauer Reyes, an associate at Stinson LLP said.
For instance, some employers have changed their policies to exclude testing for cannabis before employment. Others will test for cannabis but not withhold employment if the test is positive.
New York and New Jersey have all but outlawed testing for cannabis, which puts pressure on other states to follow suit.
At the present time, employers are free to enforce whatever testing policies they deem necessary to keep their employees safe. Some occupations, such as construction jobs or delivery services, may need to have stricter policies due to potentially hazardous situations. Other occupations could be more lenient.
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