Yes. You read that correctly.
Some employers have decided to not test for marijuana when conducting their pre-employment drug screenings.
Crazy, right?
Well, maybe not.
Several employers are already seeing marijuana as the new “Don’t ask, don’t tell.”
Basically, the idea is this: if marijuana usage in an applicant’s own time doesn’t cause problems on the job or their job title won’t be affected by their usage, there’s no need to ask (test them for it) or tell anyone about it.
Employers in fields where marijuana usage may not be a big factor to the job are considering dropping this illicit drug as part of their drug screening.
So, what’s making employers change their minds?
For starters, employers are struggling with the ongoing talent shortage and high unemployment rates.
Employers cannot always find enough talent to fill their positions due to the number of people who fail their drug tests or pass on the job because they will be tested for marijuana.
Since marijuana can stay in an applicant’s system for weeks even though it has been awhile since their last usage, they can easily test positive on a drug test.
This would then cause them to be denied a job opportunity even though they might be qualified and skilled enough for the job.
Due to marijuana testing, many employers are realizing that they’re missing out on potential talent by turning away those who test positive for the drug.
However, there are still some jobs where testing for marijuana is still necessary.
This is especially the case if the applicant is seeking a federal job or a job that the federal government requires testing for.
While some states like Michigan are legalizing marijuana for recreational use, it’s still illegal on a federal level.
This means that employers can still ban marijuana in the workplace, test for it, and consider drug testing results as part of the hiring process if the law permits.
As of right now, New York City is waiting for their mayor to sign a bill that will prohibit private employers from testing applicants for marijuana use. If he signs it, this bill will go into effect within the next year.
It may only be a matter of time before other states decide to follow suit.
Please know, that we are not condoning the idea of removing marijuana from your applicant’s drug testing. We recommend that everyone consider what is involved in the positions they are hiring for and conduct appropriate screening.
This information is here to simply let you know how some employers are approaching the issue with testing for marijuana.
If you’re concerned about your drug testing compliance with state and federal laws, feel free to contact us and we’ll be glad to help.
Disclaimer
The Orsus Group blog is provided for informational purposes only. It is not intended to be comprehensive, and is not a substitute for and should not be construed as legal advice. The Orsus Group does not warrant any statements in this blog. Any statutes or laws cited herein should be read in their entirety. You should direct to your own experienced legal counsel questions involving your organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.