The cannabis industry has changed significantly over the last few years — and so has how we use it. These constant changes blur the lines for employers. If your employees are allowed to smoke weed or take edibles at home, does that mean they can do it at work? If cannabis is legal in your state, is it okay for employees to carry it to work? How can you manage testing for marijuana at work, when it’s becoming more and more prevalent over time?
While the specific laws vary from state to state, this blog will offer general guidelines and important things to keep in mind when it comes to testing for marijuana in the workplace.
Marijuana is Still Illegal Under Federal Law
Is marijuana legal in your state? That doesn't necessarily matter, in terms of your workplace. This is because at the federal level (with very rare exceptions), all marijuana and marijuana products are illegal. This also means that they're subject to criminal law enforcement via the Drug Enforcement Agency (DEA).
We know this might be confusing! Essentially, in the US, the federal government doesn't have complete control over state laws. This is why marijuana can be legal in your state but illegal federally.
This is where things get even more interesting for employers...
You Can Test for Marijuana in the Workplace
Regardless of the status of its legality, marijuana is still a psychotropic drug. It impairs users mentally and physically and, needless to say, can seriously hamper their ability to perform efficiently, accurately, and safely at work. This is good news for employers since we know that lost productivity and absenteeism in the workplace due to drug abuse costs employers more than $25 billion each year.
The necessity of drug testing in the workplace can vary significantly based on the nature of your business and the responsibilities of your staff. For instance, if a worker who interacts with clients is found to be under the influence at work, it's a major issue. Similarly, if a member of your team is in charge of operating large machinery or heavy tools and arrives at work with a marijuana odor, there's a risk of serious injury.
For companies that operate under the Department of Transportation (DOT), the rules and regulations are even more stringent. (Learn more about our DOT drug testing services.)
Even for people with quiet desk jobs, marijuana can seriously hinder their productivity, efficiency, accuracy, and motivation.
Remember, even one person showing up for work high can have an impact on everyone in the workplace. It can hurt morale, slow your output, and put people in physical danger. On-the-job accidents and theft increase right alongside drug and alcohol abuse in the workplace.
If you think that marijuana use at work can't be that common, remember this: Some research says that as many as one-third of employees have observed cannabis use during work hours. And yet, less than half of organizations have a written policy that addresses the drug.
The one exception is that employers cannot discriminate against individuals who use marijuana for medical reasons.
Having a Solid Drug-Free Workplace Policy is a Must
An air-tight policy protects you as the business owner, your business itself, and all of the people who work in it. It outlines all of the very important details about your workplace drug and alcohol testing. These points include:
- What substances you test for.
- How you test for them (urine drug testing, hair drug testing, breathalyzers, etc.).
- When you test (random testing, reasonable suspicion drug testing, etc.).
- How you select people for random drug testing.
- What happens if an employee tests positive.
- What happens if an employee refuses to take a drug test.
Clearly presenting these details is crucial for your company. For instance, if you carry out unplanned drug screenings, it's essential to inform your staff on the precise methods you use to select participants randomly. This safeguards against any accusations of discrimination. Addressing positive drug test results is also a significant factor to consider. What will happen to the employee? Will they receive paid time off? If the issue persists, will you assist them in seeking treatment?
Ultimately, a drug-free workplace policy limits liabilities, clarifies what everyone's rights are, reduces crime and accidents, and saves you money.
This isn't something to take lightly. Find out how US Drug Test Centers can help you with your drug-free workplace policy and manual to ensure that you're always protected. Training your team, along with your designated employer representative (DER), are also important, in addition to ordering tests and managing results. We are here to help!
Testing for Marijuana in the Workplace Matters
Even though our community might be becoming more relaxed about using marijuana, it doesn't change the fact that it can still affect your job negatively. As you've read in this article, marijuana remains illegal at the federal level. Additionally, even if it's legal in your state, your employer can still conduct drug tests. Safeguard yourself and your workers by implementing a comprehensive, explicit policy against drug use in the workplace.
If you're ready to take the next step in protecting your workplace, you can order a test online with US Drug Test Centers. We have more than 20,000 locations nationwide, making testing quick, convenient, and accessible. If you want to learn more about how we can help you, contact us today and speak with one of our caring professionals.
Ashlee Arnold is one of the founders of US Drug Test Centers and is currently the Vice President. 
