The legal landscape for employers surrounding drug testing for marijuana remains complicated as its legalization continues to increase across the country for medicinal and recreational purposes. Employers and their stakeholders should consider several issues when thinking about their screening policies, including that a positive test result does not necessarily mean intoxication and/or impairment. Some employers that are regulated by the federal government may be required to test for cannabis and other federal organizations, such as the Occupational Safety and Health Act, mandate that employers furnish “employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to is employees.”
