In New York City it is prohibited to drug test an applicant for marijuana except for those who would fill certain safety-sensitive positions.

Again, this is legal, but there are a few notable exceptions, including the following: Most employers are conducting preemployment drug testing, including testing for marijuana. If the test is positive and a medical marijuana card is presented, use caution when making the final decision on whether to hire the applicant. If your policy requires preemployment drug testing, then conduct the test. Be extra careful if applicants state they have a medical marijuana card. Preemployment Testing for MarijuanaР”Р„lways be aware of your state laws concerning drug testing for employers and job applicants. The companyРІР‚в„ўs policy should be strictly followed and, if the policy requires a drug test, then be sure to perform the test.

Seek legal advice and expert consultation. Consider the medical marijuana card, if applicable. Even so, it is wise to carefully consider each case in which a positive marijuana test would be the reason for termination of employment. In non-DOT situations, employers must be careful with regard to medical marijuana laws and, perhaps based on state law or case law, may consider reasonable accommodation requests.Р”В®mployers continue to have a right to maintain a safe and drug-free workplace, so testing employees for marijuana and other drugs remains legal. A positive DOT marijuana test is a violation that leads to consequences. But let us be clear that for employers regulated by the Department of Transportation (DOT), marijuana is firmly prohibited. Have I addressed marijuana laws in my companyРІР‚в„ўs drug-free workplace policy?Р”Вepending on which state an employer operates in, it is important to recognize there are some situations where an employer might provide accommodation for medical marijuana use.If an applicant tests positive for marijuana, could I still hire that person?.

Can I fire an employee who tests positive for marijuana?.

What are the marijuana laws in my state?.

The questions that employers should be asking and making decisions about include the following: Please check out our Marijuana Map to review the workplace marijuana laws in all states. For one, employers should be talking about the growing tendency toward legalizing marijuana and examine how that tendency should be reflected in their policy decisions.Р”Р„s of February 2021, marijuana is fully illegal in only six states-Alabama, Tennessee, South Carolina, Kansas, Wyoming, and Idaho. Many employers are asking what they should do under these inconsistent legal circumstances. Medical or recreational marijuana is already legal in most states, and itРІР‚в„ўs possible that the federal government will legalize marijuana soon.

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