Pain Points: Drug Tests

As a business owner in a state that has legalized recreational marijuana, navigating these laws can be complex. Recently, you have gone through the hiring process for a position that has long been unfilled and found a great candidate to fill the role. Before starting, you asked that they complete a drug test, which they agreed to do. When the results came in, you noticed they tested positive for THC, a psychoactive compound found in cannabis. As this position requires the operation of heavy machinery, are you able to deny this individual employment, or is their drug use protected in some way?

With the ASK HR subscription, business owners can connect with our employment attorneys at their convenience and receive expert legal guidance on the best way to navigate tricky situations just like this.