Cannabis

Why Companies Should Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing

February 22, 2019

Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process.

This is a step in the right direction, as the United States is poised for federal cannabis legalization. Businesses in states like New York stand to benefit from reconsidering these policies, as current tests for marijuana only show the presence of THC. The mere presence of THC does not prove impairment, as THC can stay in one’s system for days or even weeks. Additionally, firing someone for the presence of THC can be expensive to the employer.

Cities like Boulder, Colorado have taken a stand on post-employment drug testing, where employers are prohibited from requesting or requiring urine, blood or other bodily fluid tests for any drug or alcohol unless a set of specific conditions are met. Essentially, the employer must have reasonable suspicion based on clear and objective facts to believe that the employee is under the influence of a drug or alcohol on the job in order to require a test. Of course, there are exemptions for safety-sensitive and government employers like law enforcement, schools, and other government agencies.

Shifting a focus from the presence of THC to an employee’s impairment on the job will likely gain traction in the coming months and years as we move towards federal marijuana legalization in the U.S.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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