National Law Review: With Wide-Spread Legalization of Marijuana, Has A Public Employer’s Ability to Test for Marijuana Gone up In Smoke?

National Law Review: With Wide-Spread Legalization of Marijuana, Has A Public Employer’s Ability to Test for Marijuana Gone up In Smoke? by Ryan P. Heiden:

As of the November 2018 elections, the District of Columbia and ten states have legalized marijuana for recreational or other permissible use. Canada also implemented nation-wide legalization of marijuana for recreational use as of October 17, 2018. These developments have left many employers wondering whether they may enforce the employer’s drug policy with respect to employees or applicants who claim they visited one of the aforementioned locations and, upon return, test positive for tetrahydrocannabinol (commonly referred to as “THC”)—the active ingredient in marijuana.

The answer ultimately is “yes,” the employer may enforce the employer’s drug policy with respect to such employees and applicants; however, there are a few legalities to be aware of.