The positivity rate for marijuana in workplace drug testing is reportedly at its highest levels since 2004, demonstrating an increase of about 17 percent since 2014 and nearly 24 percent for federally-mandated drug testing. Although marijuana is still classified as a Schedule I substance under the Controlled Substances Act, laws have been enacted at the state level that govern its use for either medical or recreational purposes. Employers should consider how their own workplace policies may need to be updated in response to changing marijuana laws, but should consider any “at risk” or “safety-sensitive” positions. In addition, policies should aim to ensure safety in the workplace and for the public, and should be clear regarding repercussions for positive drug tests for marijuana.
