One of the largest controversies in terms of background checks is the drug test and how a positive result affects employees and job applicants who have legal prescriptions for medial marijuana. How does it affect the hiring practices of, say, employers with a zero drug tolerance policy. There are a number of cases in the courts addressing such key issues.
Nevertheless, most employers have not been deterred from conducting drug screening. For the most part those employers who do order drug tests are doing so to meet compliance standards in their industries. Many healthcare sectors mandate a drug test and some sectors where government contracts are involved also make drug screening compulsory.
According to the website, Nine on Your Side…”But private companies like Boeing and Costco say they will still require employees to pass drug tests
“Private employers that don’t have a union can pretty much do what they want,” said Mike Subit, employment attorney. “They’re not protected from federal prosecution and they’re not protected from being fired.”
As long as marijuana remains illegal under federal law, standard drug testing policies will remain the norm.”