Marijuana legalization is shifting the rules—are your policies keeping up?
As marijuana laws evolve rapidly across the U.S., so do the rules around employment drug testing. Staying on top of these changes can feel overwhelming—or maybe it’s not even on your radar—but it’s essential.
A recent Tesseon article breaks down where each state currently stands on drug testing laws in light of growing marijuana legalization. It’s a valuable resource, especially for multi-state employers or anyone revisiting their workplace drug policy.
Key Takeaways:
- Marijuana is legal in some form in 38 states—but legality doesn’t mean employees can use it freely without employment consequences.
- State laws vary widely on what you can and can’t do when it comes to testing for marijuana use, both pre-employment and during employment.
- Some states (like New York and Nevada) restrict employers from testing for marijuana altogether, while others still allow zero-tolerance policies.
- Federal contractors and safety-sensitive positions have different requirements, and those may override state laws.
What could get you into trouble:
- Selective testing violations—Test inconsistently and face federal discrimination lawsuits that cost more than any workplace incident
- State law conflicts—38 states have marijuana protections while federal contractors still face strict DOT/DOD requirements
- Constitutional blind spots—Supreme Court limits blanket testing, but most policies ignore reasonable suspicion standards completely
Why This Matters:
Even if marijuana is legal in your state, disciplining or rejecting a candidate for cannabis use could get you into legal hot water—unless your policy is up-to-date and state-aligned.
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If you’re unsure where your state stands or whether your policy is still compliant, start by viewing the full state-by-state drug testing chart. If you need help reviewing or updating your policies, don’t hesitate to reach out to us. Email us or schedule a quick call.
