This large-scale legalization so close to home leaves many wondering: will the United States follow suit, and if so, how will it affect employment screening?
What Is the State of the U.S.’s Legalization?
As of publication, seven states plus the District of Columbia have legalized recreational marijuana use. In fact, due to the number permitting medicinal or limited-medicinal usage, only seven states have no legalization law on the books at all.
Despite varying state law, in the U.S. marijuana use remains illegal under federal judgment. What does that mean for you? It means it’s still legal for employers to test their employees for marijuana and, no matter what state an employee lives in, it is still legal to refuse employment or terminate employment due to a failed drug test. Marijuana is still considered a Schedule I controlled substance under the federal Controlled Substances Act, putting it on par with such drugs as heroin and ecstasy.
Until the U.S. follows Canada’s lead, your company is protected under federal law if you decide to have a zero-tolerance policy. However, with the increase in decriminalizing marijuana, and our northern neighbor’s road to legalization, companies need decide if and how they will alter their drug policies.
How Does This Affect HR and Background Screening?
Drug-free workplace policies generally include the prohibition of marijuana use, but with a growing population pushing for us not to consider ‘marijuana’ and ‘drugs’ as synonymous, your company may need to rethink their policy.
Safety and productivity concerns bookend much of the conversation regarding employee drug policies. In industries such as transportation and education, employers prohibit marijuana use for obvious reasons. But several companies have already removed marijuana from their employee drug screening programs, particularly post hire. In states with legalized recreational usage, some employers have stopped screening for marijuana because it significantly decreases their hiring pool. As stated above, due to federal law, your company can legally refuse employment to anyone who fails his or her drug test.
Experts agree that regardless of a company’s stance on marijuana usage, they need to provide clear-cut drug policies, and they need to make that information readily available to their staff. Whether you continue to enforce a zero-tolerance policy or you’re relaxing your restrictions, be certain to:
- Post visible drug policy signs
- List violations and consequences even if you allow marijuana use
- Detail prohibited usage, including anything that would impair your employees during working hours.
- Decide if you’ll still be screening for marijuana use, and make the details of that decision (who, what, and when) clear to your staff.
Does your company operate or hire out of a state that has legalized marijuana? Has your company already done away with drug testing for marijuana? What kind of conversations is your company having regarding drug policies? Tell us about your experience.
About Tammy Cohen
Tammy Cohen, an industry pioneer and expert in identity and employment screening, founded InfoMart over 28 years ago. Deemed the “Queen of Screen,” she’s been a force behind industry-leading innovations. She was most recently the first-to-market with a fully compliant sanctions search, as well as a suite of identity services that modernizes talent onboarding. Tammy revolutionized the screening industry when she stepped into the field, developing the first client-facing application and a due diligence criminal search that has since become standard for all background screening companies. Cohen has received national awards and honors for her business and civic involvement, including Atlanta Business Chronicle’s Top 25 Women-Owned Firms in Atlanta, Enterprising Women Magazine’s Enterprising Women of the Year award, the YWCA of Northwest Georgia’s Kathryn Woods Racial Justice Award, and a commendation in the 152nd Congressional Record. To learn more about Tammy, visit www.tammycohen.com.
InfoMart has been revolutionizing the global background and identity screening industry for over 28 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the National Association of Professional Background Screeners, and they have achieved NAPBS accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 40 industry awards. To Get the Whole Story on InfoMart, please visit www.infomart-usa.com, follow @InfoMartUSA, or call (770) 984-2727.