Thirty-three states and Washington D.C. currently permit the use of medical marijuana and while in its early stages, the majority of state-specific medical marijuana laws had no significant impact on or failed even to mention employer drug screening programs, the landscape continues to change as an increasing number of states’ marijuana language evolves. Greatly impacting employers across the country, the details of these laws must be understood and complied with. A comprehensive written job description is more important now than ever because it can provide an opportunity to differentiate safety-sensitive positions from others and focus on defining essential job functions. Moving forward, employers should clearly understand the language contained within state-specific drug and alcohol screening laws; create, implement and routinely review a written drug-free workplace policy; design and implement sound processes and procedures that complement the language within the company policy; and document comprehensive job descriptions for each role within the company.
