February 17, 2020

Are you an employer working in a state that has legalized recreational and/or medical marijuana?  Are you left wondering whether you can drug test applicants and employees for marijuana use now?  If so, you are not alone in wondering what the implications are for employers regarding these new laws.  Most states that have legalized some usage of marijuana, also allow employers to maintain and enforce otherwise valid, non-discriminatory drug testing policies and to use a positive marijuana test against an applicant or employee.  However, that is not the case across the board.  For example, Nevada employers, effective back on January 1, 2020, may no longer deny an applicant employment because a pre-screening test indicates the presence of marijuana.  Employers are still be able to prohibit possession, use or intoxication while conducting work or while on the employer’s premises, but many states may need to consider providing accommodations to workers under the ADA before denying employment or taking steps to terminate.  To help you make sense of the myriad of state and federal laws regarding marijuana in the workplace, contact our lawyers at myHRcounsel today for assistance!