When drug-screening job candidates, marijuana testing can get complicated.
That’s because federal laws classify marijuana as a Schedule 1 drug, making it illegal to use – even medicinally – and to distribute. Also, the federal Drug-Free Workspace Act prohibits the use of marijuana in the workplace or on the premises.
Meanwhile, 18 states have decriminalized marijuana for recreational or medicinal use. Yet the Workspace Act supersedes the states, and marijuana in the workplace is still not permitted.
Also, here’s another place where it can get tricky. If a job candidate tests positive for marijuana, it doesn’t necessarily disqualify him/ her. In fact, some states have enacted laws that prohibit employers from discounting someone based on a positive result, if the position is not a federal one or in a sector that has mandates against marijuana use (such as transportation and law enforcement).
Employers must stay up-to-date on state/federal laws about marijuana use. (Some believe the federal government will soften its laws about marijuana use – but that could take time.)
Legal Locator Service knows the laws; we can help you navigate. Call us at 866-225-2435 (toll-free) or 503-697-5821 for all your background check needs. Certified Women-Owned business. Bilingual English/Spanish Speaking office.