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Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world. As many state laws have grown increasingly permissive of both medical and recreational cannabis use, workplace drug testing laws have also evolved. One of the most common labor and employment law questions is: if cannabis, or marijuana, is legal, can employers drug test? The answer: usually. While a few states that have legalized cannabis either place limits on testing employees and applicants or protect employees from discrimination based on their legal drug use, most states allow employers to test for cannabis use. In New York, for example, where recreational and medical cannabis use are legal, employers are prohibited from testing current and prospective employees. Other legal states, such as Nevada, prohibit job denial based on a positive cannabis test result. On the other hand, in a state like Georgia, which still outlaws cannabis, employers may uphold zero-tolerance drug policies with cannabis testing. Companies that employ people in multiple states will have to establish policies that account for wildly differing treatment of cannabis use. Employers must also consider state privacy laws. In addition to varying state laws, the fact that cannabis remains illegal in federal law makes compliance even more complex for employers. Even in states where recreational cannabis use is legal, under federal law cannabis users are not qualified to operate commercial vehicles. The Drug-Free Workplace Act of requires certain federal contractors and all federal grantees to provide a drug-free workplace as a precondition of receiving a contract or grant from a federal agency. Download our compliance checklist to determine if the Act is applicable to you, and if so, your obligations under the law. Rather than testing for general use, employers can establish a monitoring system to detect impairment in the workplace. This approach also presents challenges. Given that cannabis can linger in the system even after 30 days of nonuse, drug testing is not a reliable indicator of active impairment from cannabis. Parker, assistant secretary of labor for occupational safety and health, said a workplace drug testing policy should focus on work-related hazards. Faced with these variables, employers may wish to establish new cannabis screening practices and train workers to identify signs of impairment. In this regard, workplace policies that govern testing for alcohol impairment in the workplace could offer guidance, said Dori Goldstein, Bloomberg Law Analysis assistant team lead. An evolving legal landscape brings new risks and responsibilities. You can count on essential news, expert analysis, and practice tools from Bloomberg Law to help you stay ahead of developments in emerging labor and employment law practice areas, like navigating workplace drug testing policies after cannabis legalization. Before you start drafting a drug-free workplace policy, download our checklist to ensure that you and your organization consider all factors. Ready to get started? Request a demo to see how Bloomberg Law can help you provide sound counsel to your clients and stakeholders. From live events to in-depth reports, discover singular thought leadership from Bloomberg Law. Our network of expert analysts is always on the case — so you can make yours. Request a demo to see it for yourself. Bloomberg Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world. Can employers drug test for cannabis in legal states? How does federal law impact workplace drug policies? How should employers approach cannabis-related impairment in the workplace? Stay on top of labor and employment law developments with Bloomberg Law An evolving legal landscape brings new risks and responsibilities. Recommended for you. See Bloomberg Law in action From live events to in-depth reports, discover singular thought leadership from Bloomberg Law.

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