HR Chat: Drug Tests for Employment

As part of our hiring process, candidates who receive a conditional offer of employment are required to complete a drug screening. We maintain a drug-free workplace policy; however, with the increasing number of state laws addressing both medical and recreational marijuana use, we are evaluating how these developments may affect our hiring practices.

If an applicant tests positive for THC but provides documentation showing a valid medical marijuana prescription or authorization, are there legal risks associated with declining to hire the individual? Specifically, are employers required to accommodate off-duty medical marijuana use, and how do these obligations vary under applicable state and federal laws?

If your business opts to require drug tests for employment, it is best to make sure your policies are compliant with all local, state, and federal laws.  Our team of attorneys can help draft compliant policies for you to avoid any situations that may arise from requiring them for your new workers.