The decisions in Arkansas, Maryland, Missouri, North Dakota and South Dakota will come just a few weeks after the Biden administration said it would pardon thousands of people with federal felony convictions for simple marijuana possession.
"This has many employers concerned because no state allows employees to use cannabis while at work, even if it is for sanctioned medical use," he said."Some states believe a worker’s employment shouldn’t be at risk if they used cannabis over the weekend but will invariably test positive days or even weeks later," he said."The law on this issue varies widely among the states and is rapidly changing, so many employers are just giving up on cannabis testing.
Currently, 38 states and Washington, D.C., allow medical marijuana, while 19 states and Washington, D.C., have recreational marijuana laws. Russo said employers in states where recreational use of marijuana is legal are starting to view it similarly to alcohol — an approach she said employers will need to take if marijuana is eventually legalized at the federal level.
"With this change, if an employer does a criminal background check, and discovers the applicant or employee has a conviction for marijuana possession, that information should not be considered in any employment or hiring decision," Jeziorkowski said.