A: Eight states have passed laws prohibiting adverse employment actions based on the use of cannabis off the job and away from the workplace. These laws place restrictions on the employer from taking adverse action on employees for using marijuana legally outside of work hours. Some states now require that employees exhibit signs of impairment before taking adverse action from a positive THC drug test.
Most of these new laws allow for testing in safety-sensitive positions and or based on the drug test method. For example, California has banned the use of tests that detect cannabis metabolites or past use. They will only allow tests that detect active THC molecules, or recent use with saliva-based tests. We compiled a breakdown of new marijuana (THC) employment laws that affect drug testing by state. To learn more click here.
*Disclaimer; this is only for informational purposes and not intended to be used as legal advice or opinion. Employers should always consult with their attorney on labor or employment legal matters.
