Legalized Pot Complicates Workplace Drug Testing Policies

Marijuana is now legal in 28 states in one form or another, but that doesn’t mean employers are obliged to soften their stance on employees’ use. How this could affect urgent care centers that offer drug screenings as part of their occupational medicine services is unclear—as is the ability of employers to bar employees from partaking. Some legal experts have asserted that companies could put themselves at risk if they fire employees for a positive marijuana screen unless those individuals are involved in safety-sensitive tasks in the workplace. Taking that a step further, that begs the question of whether they should be tested at all. Pre-employment screens are not expected to be effected, regardless of state laws allowing use of marijuana, whether for medical or recreational use.