Many states have now legalized marijuana use (for both recreational and medicinal purposes). Yet, under federal law, marijuana use and possession remains illegal, leaving employers in a quandary. Regardless of legalization in many states, National Institute of Health (NIH) studies still show links between marijuana use and increased risk of accidents and injuries. Employers remain legally obligated to provide their employees a safe workplace and, where applicable to keep the public safe from any accidents or injuries that could result from an employee’s drug use. 

What’s an employer to do? Can you still conduct pre-employment, post-accident or random drug screens? Should you? Can you still implement a drug-free workplace policy? What if you are an employer with a “zero tolerance” drug use policy? Must you now do away with it? Do you have to hire someone who tests positive for marijuana? Can you terminate an employee who does? If so, how?

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