Your state may have legalized marijuana, but your job might still test you. With the constantly changing landscape that comes with marijuana legalization, it can be hard for employers and employees to figure out what they can and cannot do when it comes to workplace drug testing. Some employers choose a zero-tolerance policy that includes cannabis, while others take a more measured approach in line with the laws of their state. Learn more about how to navigate the complex waters of drug testing with help from Green Gone Detox.
Legalized Vs Medical Cannabis Testing
Many states have exemptions for drug testing if you come up positive for prescription drugs that your employer knows you’re taking. Some states — like Connecticut and Oklahoma — rule that employers must accommodate the use of medical marijuana by their employees and prohibit them from any retaliatory action against medical cardholders that test positive during workplace drug testing.
Each state has varying degrees of accommodation for employee marijuana use. While Ohio and California have no protections for workers using cannabis, Illinois, Nevada, Delaware, New York, and West Virginia do offer certain protections for workers.
What to Look For
As an employee who legally uses marijuana, there are a few things you should look for when reviewing your job application, employee handbook, and any other new-hire agreements you sign.
- Any language that specifically defines cannabis in a clear way and dictates regulations for its use.
- How workplace drug testing works at your job, including details of the penalty for failing a test.
- A clear testing program that describes how frequently tests are administered and what types of tests you can expect.
Since marijuana legalization has occurred in so many states, many employers have implemented educational programs that discuss the effects of marijuana and the potential impact they may have on workplace performance and safety.
One of the biggest problems with marijuana in the workplace is the contradiction between state and federal laws. Nowhere is this more obvious than within ADA regulations. Illegal drugs are strictly forbidden under ADA accommodations, and according to the federal Controlled Substances Act, cannabis is still illegal. However, if you disclose your disability and request assistance, an employer must consider reasonable alternatives instead of simply firing you.
Off-Duty Marijuana Use
While most states do not allow discrimination on the basis of legal marijuana usage, there is some division over off-duty use. The following states have protections for employees with medical cards that test positive due to off-duty marijuana usage:
- New York
- Rhode Island
In any other state, employers are within their rights to fire or discipline any employee who fails workplace drug testing.
Green Gone Detox Can Help
To avoid any chances of testing positive, explore your options to detox before drug tests with Green Gone Detox. Our detox kits can help you flush your system of cannabis and ensure a negative urine test. Reach out to us today to learn more.