The Impact of Marijuana Legalization on Workplace Policies and Hiring Processes

The legalization of marijuana has sparked extensive discussions about its effects on various aspects of society. One critical area of concern is its impact on workplace policies, particularly in hiring processes and drug testing. While marijuana is legal in several states, employers can still set their own drug policies, and the implications for hiring and drug testing vary widely depending on your location and job type.

Employer Freedom to Set Drug Policies

Even in states that have legalized marijuana, employers retain the right to enforce their own workplace drug policies. Just as alcohol is legal but not condoned or mandated in the workplace, employers can choose to prohibit the use of marijuana by their employees, regardless of whether it is consumed outside of work hours.

The Alcohol and Drug Policy is a prime example. Courts have consistently upheld the right of employers to refuse to hire individuals who smoke cigarettes, largely due to the risks associated with smoking. This applies to commercial drivers as well, who are subjected to drug tests long before marijuana became legalized. These policies do not change just because marijuana is now legal. Impaired workers, whether due to a legal drug like alcohol or an illegal one like marijuana, pose a significant risk to their coworkers and themselves.

Drug Testing and Employer Rights

Employers do not have to accept anyone’s recreational use of substances nor do they have to recognize medical marijuana unless there is a federal law mandating otherwise. Currently, refusing employment to individuals who use recreational or medical marijuana is not considered discriminatory. Therefore, employers can hire and fire individuals based on their drug use policies.

Drug testing in the workplace, especially for safety-critical positions, is a standard practice. Most employer insurance carriers and workers' compensation carriers require drug screening. The goal is to identify and eliminate employees who use marijuana and other substances, whether they are legal or not, to ensure workplace safety and reduce risk.

Legal Considerations and Court Decisions

The impact of marijuana legalization on employment policies is complex and varies by location. For instance, in Canada, the courts have made significant rulings regarding medical cannabis use. In safety-critical jobs, those using medical cannabis may need to be reassigned since there is no accurate way to determine intoxication. This ruling places an undue hardship on companies that must find alternative assignments for affected employees.

For non-safety-critical jobs, accommodation must be provided to any disabled person who uses cannabis for treatment or is prescribed cannabis, up to the point of undue hardship. This means that if an employer can find a way to accommodate the employee without causing an undue burden, they must do so.

Given these considerations, the impact of marijuana legalization on workplace policies and hiring processes is heavily dependent on the specific circumstances and location. If you are in a safety-critical job, you might need to be reassigned or provide alternative arrangements. For non-critical jobs, you can expect similar treatment as for other medical conditions, with accommodations provided to the extent possible.

In summary, while marijuana is now legal, it does not automatically mean it can be used at work. Employers continue to have the right to enforce drug-free policies, and the legal framework is still evolving to balance employer rights with employee needs.