Drug testing for marijuana has become increasingly complex and challenging for employers as states pass conflicting laws while the drug remains federally illegal. We discuss the patchwork of marijuana laws across the U.S. and provide guidance for employers trying to maintain workplace safety while staying legally compliant.
• DOT-regulated employers must maintain marijuana testing regardless of state laws
• CBD products should be used with caution as they may contain THC and cause positive tests
• Many states have restrictive laws limiting when employers can test for marijuana
• New York, Nevada, California, Washington and Minnesota have some of the strictest marijuana testing restrictions
• Oral fluid testing provides an alternative solution in some restrictive states as it detects recent use
• Georgia, Florida, Idaho, Kansas and Texas maintain employer-friendly marijuana testing environments
• Written drug testing policies are essential and must be state-specific
• Comprehensive drug-free workplace programs should include policies, supervisor training, employee education, and support resources
• Dropping marijuana from testing panels creates significant liability risks for employers
Contact Workplace Screening Intelligence or National Drug Screening to ensure your drug testing program remains compliant with your state's evolving marijuana laws.