As states continue to decriminalize and legalize recreational use of marijuana, some are wondering how companies are approaching drug testing and whether or not it plays a role in their hiring process.
Legalizing the drug for recreational purposes has created a new legal landscape that workers and employers are trying to navigate.
To learn more about the new normal, KCBS Radio’s Holly Quan spoke with Kathryn Russo, a Principal and firm resource on the legal issues surrounding workplace drug and alcohol testing at Jackson Lewis Law Firm in Long Island.
“In states like California where marijuana is legal and where the law is going to change significantly on Jan. 1, employers are starting to realize that drug testing for marijuana just doesn’t make a lot of sense anymore,” Russo said.
Russo added that in some states — including New York, New Jersey, and California on Jan. 1, 2024 — it is prohibited for employers to test for marijuana when onboarding new employees.
But even in states where it is legal to test prospective employees for the drug, Russo says there are too many factors stopping them from doing so.
“The fact that it’s a tight labor market and employers are struggling to find qualified candidates who don’t fail the pre-employment drug test, I think many employers are just deciding it’s not worth it,” Russo said.
But, Russo highlighted that this is mainly for private companies, whereas positions regulated by federal agencies will still most likely see new employees drug tested for marijuana.
Outside of contracts that require drug testing to be done, Russo says the only thing determining what companies do is their state and local governments.
However, she also said that she thinks the narrative is changing when it comes to marijuana users.
“I think employers are starting to realize that given that marijuana is legal in so many states, that a positive pre-employment marijuana test doesn’t necessarily mean that the applicant is going to be a bad employee,” Russo said. “So I think the employers who are still continuing to test for marijuana are those in dangerous industries where there is a real concern about safety.”
To hear what Russo thinks are the biggest challenges for employers, listen here:
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