As more states legalize medical or recreational marijuana use, and Congress considers decriminalizing cannabis, it may be time to evaluate your drug testing policy. Here’s a look at recent and pending marijuana legislation and how it may affect your screening process.
\n\n\n\n\nTesting job candidates for cannabis can help you maintain a safe workplace, prevent on-the-job drug use, and follow industry regulations. But a growing number of states have passed or are considering legislation to decriminalize or legalize marijuana use, and several proposed bills would legalize cannabis at the federal level.
\n\n\n\nMeanwhile, a shortage of qualified candidates has spurred some companies—most notably Amazon—to reduce or eliminate marijuana screenings. Should you follow suit? Whether or not to screen candidates for cannabis depends on your industry, your needs, and state and local laws.
\n\n\n\nIt’s important to understand the difference between decriminalization and legalization.
\n\n\n\nIt’s also important to note that states with laws permitting marijuana usage treat recreational versus medicinal purposes differently.
\n\n\n\nRecreational marijuana use is for enjoyment and is generally treated like alcohol or cigarettes. States with recreational marijuana laws typically restrict usage to those ages 21 and older and forbid use while driving. States may also regulate the amount and type of recreational cannabis an individual can possess, how it is taxed, and where it can be sold.
\n\n\n\nMedicinal marijuana is used to treat or ease the symptoms or conditions such as chronic pain, cancer, glaucoma, and epilepsy. Each state permitting medicinal marijuana usage sets its own requirements as to what conditions qualify for its use. Some states that allow medicinal marijuana use restrict it to low-THC products, such as CBD oil. Laws may require getting a medical card, having a doctor’s order, or being listed on a master registry before purchasing medical cannabis. State laws may also regulate where medical cannabis can be purchased (such as from an approved seller or dispensary). Generally, users must be 18 years or older, but some states allow people under 18 to use medical cannabis with a parent’s permission.
\n\n\n\nEvery state but Idaho, Kansas, South Carolina, and Wyoming allows adults to legally use marijuana or CBD oil for either recreational purposes, medical purposes, or both. In 2021, the movement toward both medical and recreational cannabis legalization continued.
\n\n\n\nAlabama and Virginia legalized medical cannabis in 2021; Mississippi did so early in 2022. All told, 37 states, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, and the US Virgin Islands, have legalized medical cannabis use. Three states (Georgia, Iowa, and Texas) have stricter laws but still allow the use of low-THC cannabis products for medical purposes.
\n\n\n\nConnecticut, New Mexico, New York, and Virginia legalized adult recreational cannabis use in 2021, bringing the total number of states in which recreational cannabis is legal to 18.
\n\n\n\nMarijuana is considered a Schedule 1 substance under the Controlled Substances Act (CSA), making it illegal at the federal level. Where state and federal cannabis testing laws conflict, federal law takes precedent. But federal law may be changing, too, as multiple efforts to legalize cannabis on the federal level are underway.
\n\n\n\nAll three federal bills mentioned above allow states to set their own laws regulating marijuana use. But at the state level, too, the pendulum is swinging toward legalizing or at least decriminalizing cannabis.
\n\n\n\nHere’s the state marijuana legislation awaiting decisions in 2022:
\n\n\n\nIn the war for talent, eliminating pre-employment marijuana screenings may help your business compete more effectively for qualified candidates. If cannabis use is legal in your state and marijuana testing isn’t legally required for the jobs in question, you may opt not to conduct drug testing. However, careful consideration should be used in this decision.
\n\n\n\nEven if cannabis is legal in your state, there may be local, state, and federal laws you need to follow when hiring. For example:
\n\n\n\nLaws regarding which employers or industries must conduct drug screening and when employers can make employment decisions based on drug test results vary from one city or state to another, complicating compliance with marijuana screening laws. Given the state of marijuana legislation in recent years, the web of regulations will likely become even more tangled.
\n\n\n\nIn addition to complying with federal, state, and local laws regulating marijuana screening, your pre-employment drug testing process must also meet the requirements of the Fair Credit Reporting Act (FCRA), Title VII of the Civil Right Act of 1964, the Americans With Disabilities Act (ADA), and the Drug-Free Workplace Act of 1988.
\n\n\n\nDeveloping a comprehensive policy regarding pre-employment marijuana screening can help your company support fair hiring while staying competitive and compliant. Using an accredited consumer reporting agency like GoodHire for your drug testing can reduce your risk of non-compliance and help you make smarter hiring decisions. GoodHire offers a variety of employment drug testing and screening options designed to meet the needs of your company policy and drug-free workplace obligations.
\n\n\nThe resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
\n\t\t\tRecreational and medical marijuana laws are constantly changing. GoodHire’s 4-panel drug screening option excludes marijuana, but helps you detect other types of drug abuse.
\n","slug":"4-panel-drug-test-excludes-marijuana","featuredImage":{"node":{"altText":"Prescription for medical marijuana","localFile":{"childImageSharp":{"gatsbyImageData":{"layout":"constrained","placeholder":{"fallback":"data:image/jpeg;base64,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"},"backgroundColor":"transparent","images":{"fallback":{"src":"/static/273a9befc7d412c403e9bbb22c4867ee/53f3d/4panel-drug-testing-without-marijuana.jpg","srcSet":"/static/273a9befc7d412c403e9bbb22c4867ee/53f3d/4panel-drug-testing-without-marijuana.jpg 545w","sizes":"(min-width: 545px) 545px, 100vw"},"sources":[{"srcSet":"/static/273a9befc7d412c403e9bbb22c4867ee/b62ff/4panel-drug-testing-without-marijuana.webp 545w","type":"image/webp","sizes":"(min-width: 545px) 545px, 100vw"}]},"width":545,"height":364}}}}}},{"id":"cG9zdDoxMjYw","title":"The Truth About False Positives & Employment Drug Screens","excerpt":"Learn which drugs 5- and 10-panel tests detect, and what can cause false positives, including prescription or OTC medicines, nutritional supplements, and certain foods.
\n","slug":"the-truth-about-false-positives-and-employment-drug-screens","featuredImage":{"node":{"altText":"Several laboratory vials, a syringe and pills","localFile":{"childImageSharp":{"gatsbyImageData":{"layout":"constrained","placeholder":{"fallback":"data:image/jpeg;base64,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"},"backgroundColor":"transparent","images":{"fallback":{"src":"/static/96392e7822b0c05dd7cc7c65af6ba95c/786e5/Blog-Truth-False-Positives-Employment-Drug-Screens.jpg","srcSet":"/static/96392e7822b0c05dd7cc7c65af6ba95c/e2e3a/Blog-Truth-False-Positives-Employment-Drug-Screens.jpg 600w,\n/static/96392e7822b0c05dd7cc7c65af6ba95c/ae374/Blog-Truth-False-Positives-Employment-Drug-Screens.jpg 782w,\n/static/96392e7822b0c05dd7cc7c65af6ba95c/786e5/Blog-Truth-False-Positives-Employment-Drug-Screens.jpg 800w","sizes":"(min-width: 800px) 800px, 100vw"},"sources":[{"srcSet":"/static/96392e7822b0c05dd7cc7c65af6ba95c/8079b/Blog-Truth-False-Positives-Employment-Drug-Screens.webp 600w,\n/static/96392e7822b0c05dd7cc7c65af6ba95c/e1dee/Blog-Truth-False-Positives-Employment-Drug-Screens.webp 782w,\n/static/96392e7822b0c05dd7cc7c65af6ba95c/d6089/Blog-Truth-False-Positives-Employment-Drug-Screens.webp 800w","type":"image/webp","sizes":"(min-width: 800px) 800px, 100vw"}]},"width":800,"height":418}}}}}}]},"seo":{"title":"The State of Marijuana Legislation in 2022 | GoodHire","metaDesc":"As more states are considering decriminalizing or legalizing marijuana use, here’s the status of current and pending marijuana legislation.","metaRobotsNoindex":"index","metaRobotsNofollow":"follow","opengraphTitle":"The State of Marijuana Legislation in 2022 | GoodHire","opengraphDescription":"As more states are considering decriminalizing or legalizing marijuana use, here’s the status of current and pending marijuana legislation.","opengraphPublishedTime":"2022-04-18T19:01:35+00:00","opengraphModifiedTime":"2022-04-18T19:54:30+00:00","opengraphSiteName":"GoodHire","opengraphType":"article","readingTime":7},"richSnippetSchemaJson":""},"wp":{"overviewBlog":{"overviewBlog":{"blogFooterContent":{"id":"cG9zdDo0MDk2NA==","content":"![\"Illustration](\"/static/f6baa1f582455f1781a1141cb4728128/04b35/DRUG-TEST-H1-e1654197012932.webp)