Although most states have legalized marijuana for medical or recreational purposes (or both), the federal government has yet to follow suite. Employers, however, should be paying attention to the ways these new laws should be reflected in their policy decisions, asking questions like “what are the laws in my state?” “Should I be testing for marijuana?” “Can I fire an employee who tests positive?” “If an applicant tests positive for marijuana, could I still hire that person?” and “Have I addressed marijuana laws in my company’s drug-free workplace policy.?” Although laws may vary and some include guidelines for medical use, marijuana is firmly prohibited for employers regulated by the Department of Transportation (DOT). It is still legal to test for marijuana within the workplace, but, again, employers should pay attention to state laws and regulations.
