Several times this week I was asked by clients how they can administer to their employment screening needs given the Medical Marijuana allowances in fifteen states right now. The inquiring clients were from California and other states and wanted to know if they could refuse to hire someone who had tested positive on his drug test. As employers use the drug test as a background check for both their own concerns and compliance reasons–where they have a contract with a larger entity or government agency–there is bound to be confusion concerning positive for marijuana.
So I am posting this article again. While much is currently tied up in the courts, and while we won’t have any real resolution concerning employment screening and medical marijuana for a number of years, here are some guidelines I posted previously. That article was entitled, Advice About Updating Your Employment Drug Test Policy.
Here is an excerpt–
there are three possible reasons to update your company drug and alcohol testing policy
- The impact of Medical Marijuana on your program;
- ADA amendments that now impact your program; and
- New DOT rules.
If you have not addressed these issues, you must do so. Here’s what is happening: