More states legalized marijuana in the last election, with the states of California, Nevada, Maine and Massachusetts, joining early adopters Washington, Oregon, Alaska and Colorado in legalizing adult recreational marijuana. Washington, DC also legalized the use in 2015.
In addition many states expanded or voted to approve the use of medical marijuana. According to the Marijuana Policy Project, a pro-legalization group, medical marijuana is legal in 29 states and Washington, D.C., Puerto Rico and Guam. More states are expected to vote in favor of legalized marijuana in 2017.
According to Tamara Cagney, the president of the Employee Assistance Professionals Association, the important focus for Employee Assistance professionals is that marijuana remains a Schedule I drug under the Federal Controlled Substances Act, which means that it is neither lawful to use or possess as a matter of federal law. None of these new legalization efforts aim to change state employment law, employers in the affected states will no doubt be faced with a chorus of questions about how the changes will affect enforcement of their workplace substance abuse policies. If you have concerns about how this impacts your company policies, contact an employment attorney with knowledge about drug testing policies.
If you are a current client with employees who test positive, the EAP can help with a Return to Work Agreement, assessing and referring employees for treatment if needed, and monitoring them for up to two years. If you would like more information about drug testing in general, contact us at 1-800-648-5834 or locally at 425-454-3003.