Marijuana Laws 101: Things to Consider When Developing Your Organization’s Drug Policy

Marijuana Laws 101: Things to Consider When Developing Your Organization’s Drug Policy

1. Maintaining a 100% drug free work place is the driving factor in developing your organization’s drug policy.
2. Mandated compliance with federal law
3. States with medical/recreational marijuana laws
4. If the company has “safety” sensitive positions
5. Handling positive tests for marijuana
6. Not testing for just marijuana; additional testing should be conducted for misuse of prescription drugs

Important facts about federal law pertaining to medical/recreational marijuana:

• The sale and use of marijuana remains illegal under federal law in every state in the nation. Federal law mandates most workplace drug testing today.
• Many employers must test for marijuana and hold those who test positive accountable under federal government mandates.
• Acceptance of federal funding requires compliance with the Drug Free Workplace Act.
• Occupational Safety and Health Administration (OSHA) regulations and their state counterparts require employers to provide a safe workplace avoiding recognized hazards in what is commonly called the “general duty clause.” Workplace drug testing policies support essential workplace safety and productivity standards for employers as well as employees.

*In order to deter claims of discrimination, developing your organization’s drug screening program should encompass the entire workforce.

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