HR Tip of the Week

HR Tip of the Week

HR Tip of the Week: Pro-Cannabis Legislation and Employee Drug Testing–One Size Does Not Fit All

When it comes to employee drug testing and the ever-changing landscape of cannabis legalization, there is no ‘one-size-fits-all’ solution.  Most employers need to re-examine their drug policies and potentially modify their approach when it comes to vetting candidates.

Because all forms of marijuana use are still federally illegal, employers may opt for a ‘zero-tolerance policy’ for any recreational or medical use of marijuana in general or specifically while on the job.  Even with such policy, employers must determine whether it is beneficial to require drug testing for employees. Here are some things to consider:

Is the position safety-sensitive (i.e. driving, operating machinery, handling equipment)?

In an era of low unemployment, drug-testing requirements can narrow the labor pool. How will drug testing affect your pool of candidates?

Currently, commonly used 5 and 10-panel drug tests are unable to identify whether the use was recreational, habitual, or medical and also, they do not indicate the last time the drug was likely ingested or consumed, meaning an employee could be sober during working hours and still have cannabis in his system, causing failure of the drug test. Read more insights here.




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