Marijuana is a complicated substance. On the one hand, it was a scheduled controlled substance for decades. Still, many states have recently legalized cannabis and THC products. There is even a current discussion of nationwide legalization. Therefore, the question remains: Why is marijuana still tested for despite being legal? The answer to this question is more complicated than many people think. Because marijuana legalization remains on the state level, and employers still have oversight to employee safety, testing remains in place. Read on to learn more.

It Depends on the State

Yes, employers can and still test for marijuana use in employees regardless of legality. Of course, much of the concern for employees is due to the different state regulations. Marijuana is not a legalized substance in all 50 states. Some states, such as Illinois, Oregon, California, and New York, allow for recreational and medical marijuana consumption. Other states, such as Rhode Island, Minnesota, and Florida, only offer comprehensive medical marijuana programs. Still, states like Wyoming, Texas, Indiana, and Wisconsin only allow CBD and low-THC products. Each state offers different workplace protections depending on this legality. We are seeing some states go so far as to almost prohibit workplace testing for marijuana, such as the recent change made by the New York State Department of Labor essentially prohibiting testing for marijuana except in the case of DOT or reasonable suspicion.

Employers Still Have Reasonable Suspicion

Of course, employers who have reasonable suspicion of marijuana consumption on or off the worksite can request a test from employees despite legal status. Marijuana still impairs the body. Employers must ensure proper safety and coordination within for the tasks at hand. Reasonable suspicion falls under observation and influence. If employees exhibit certain symptoms of marijuana use, such as questionable movements, dilated or watery eyes, blank facial expressions, or drowsiness, employers have the right to assess for marijuana abuse.

Substance Abuse Still Affects Job Performance Regardless of Legality

A major reason why marijuana is still tested despite being legal is that the risk of abuse remains. Alcohol and prescription drugs are legal substances yet are two of the most widely abused substances in the workplace. Despite its legality, marijuana is no different. Employers must grapple with numerous challenges to comply with federal, state, and local policies. Whether employers adopt state-specific policies, implement a universal policy that complies with local laws, or adopt a “business-need” approach, marijuana testing remains at the forefront of pre-employment drug testing to ensure accountability and safety in the workplace.

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