Voters in two more states approved the legalization of recreational marijuana on Nov. 8, further complicating an evolving landscape for employers.
“Some employers have begun relaxing their drug-testing policies to account for the current reality that a positive cannabis test may not be indicative of illegal drug use or other employment-disqualifying actions,” Reyes said. Aside from the growing number of states that have legalized marijuana, Reyes said state laws sometimes include affirmative protections for employees.
The impact? Employers can no longer have a generalized drug-testing policy and need to work with their attorneys to review and adapt their policies as laws change in the jurisdictions where they operate.Reyes said medical marijuana plays a significant role in employer policies — especially in states with built-in protections for employees who are registered users of medical marijuana.