The Challenges of Marijuana Drug Testing in the Workplace

If you landed here, it's probably because your head is spinning regarding marijuana drug testing, and no wonder.

As of right now, 33 states in the U.S. and the District of Columbia have legalized the use of marijuana either for medicinal or recreational purposes (or both). Other jurisdictions at the municipal level are also legalizing marijuana.

The federal government, however, still classifies marijuana as a Schedule I drug, which means it is illegal at the federal level. And federal law always supersedes state law. In other words, use or possession of marijuana on federal property is always illegal, even in states where recreational or medicinal use of cannabis is legal.

Given all this, workplace drug testing has gotten incredibly complex, which is why we put together this new resource:

The Challenges of Marijuana Drug Testing in the Workplace – A Quick Guide

An important caveat about this new resource. It isn't an exhaustive guide on the issue of marijuana drug testing (that would span dozens of pages). And it isn’t a guide about workplace drug testing in general (you can access that free guide here).

Instead, this quick guide has a specific purpose: to provide high-level information around three important topics that don't get enough coverage:

1. Why employers shouldn't ditch weed on their drug test panels

We’re seeing more and more companies choosing to forgo testing for marijuana. It’s a short-sighted approach, and we explain why. We also share some compelling stats that’ll make you think twice. For example, 1 in 5 people have admitted to using marijuana during work hours.

2. Five common mistakes employers make when drug testing for marijuana

Even when companies decide to include marijuana in their drug testing panels, they can make other mistakes—potentially costly ones. We walk you through five that we often encounter when working with clients.

3. Employment law and marijuana drug testing: what you need to know

As you can imagine, the ever-changing cannabis laws can cause legal headaches for many, especially employers. One area that's particularly problematic is each state's employment laws regarding how employers can and can't address job candidates and employees who test positive for marijuana.

We provide a high-level overview of employment protections relating to medical marijuana and recreational marijuana.




Scott Mogensen

Posted by Scott Mogensen

Scott Mogensen manages the Drug and Alcohol testing program. He has 11 years of experience in drug and alcohol testing and is an expert in DOT drug & alcohol compliance issues. As a Certified Substance Abuse Program Administrator (C-SAPA), he holds the highest credentials available for a program administrator.

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