Employers across the country are facing the question of whether to continue drug testing as marijuana laws continue to expand around them. Currently, 18 states and D.C. have fully legalized marijuana for recreational purposes and 36 states have legalized marijuana use for medicinal purposes. Some states even take things one step further by prohibiting employers from taking adverse employment actions against employers for legal off-duty marijuana use. Some job sectors have experienced high turnover rates during the pandemic – known as the “Great Resignation” – particularly leisure and hospitality. In response, some employers are lobbying Congress in favor of legalizing marijuana at the federal level, as well as announcing they will no longer screen applicants for marijuana during the pre-employment process unless regulated by the U.S. Department of Transportation.
