The legalization of marijuana or tetrahydrocannabinol (THC) for medical and recreational use is causing employers to question laws related to drug testing by employers. Illegal under federal law since 1970, testing for marijuana and THC became standard policy for employers that wanted to retain eligibility for grants and federal assistance under the Drug-Free Workplace Act of 1987. The drug remains illegal under federal law, but many states, such as New York, have decriminalized it for recreational or medical purposes or both. Complications arise in drug testing with “safety-sensitive” roles in the workplace because those under the influence of THC can have slowed reaction times, impaired cognitive abilities, and behavior problems.
