Ask the experts: Marijuana & drug testing

Marijuana Legalization InfoGraphic8.14Question: Does recent marijuana legislation affect employer drug testing programs?

Marijuana is a Schedule I drug. Under Federal Law, its cultivation, possession, sale, and use are illegal. In all 50 states, including the two states that have removed state criminal penalties for recreational use – Colorado and Washington – employers can test their job applicants and employees for marijuana. Since a positive drug test for marijuana is indicative of the donor’s use of an illegal drug under current federal law, these results continue to provide our employer clients with the information they need to make proactive decisions based on state law and their company policies. Employers with employees in “medical” marijuana states should consult an attorney to find out how state laws may affect their ability to take action when there is a positive test for marijuana.

Our drug test results, and the established cutoff levels upon which they are based, will continue to provide our employer clients with the information they need to make proactive decisions based on their company policies. We urge all employers to seek legal counsel regarding their individual company policies.

For more information on this topic, take a few minutes to read our post on the marijuana spectrum.

For more information about drug testing, visit our website.