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Pre-employment Drug Testing Declining  as More States Legalize Cannabis Use

3/21/2018

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Recent surveys performed at the state and federal level indicate significantly fewer employers are requiring applicants to submit to drug screenings for marijuana use prior to employment. This is especially true in states where both medical and recreational marijuana has been legalized, such as Colorado, where the number of employers who test potential hires for marijuana use has fallen by 15% statewide.

Companies have cited issues with finding qualified candidates who are able to pass pre-employment screenings, and the trend is likely to continue as the use of marijuana for medical and/or recreational use is normalized by cultural changes and legalized at the state level.
As Pennsylvania continues to implement and adjust the new Medical Marijuana Program, and with more than 19,500 patients registered in the program already, employers here can expect to face similar issues.

Additionally, there is a considerable amount of ambiguity as to the exact employment rights of individuals legally taking medical marijuana to treat serious medical conditions, which is unlikely to be resolved without litigation. Until such time, employers can help protect themselves from potential legal issues by maintaining a consistent company drug policy that is clearly communicated to employees and candidates, while fully documenting the employment process and decisions.
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