Changing state marijuana laws and employer drug testing policies

04/23/2013

Leslie D. Miller, senior attorney
Last November, Colorado and Washington became the first states to legalize the recreational use of marijuana. Nevertheless, the status of these laws remains in flux, as the federal government is still enforcing marijuana as a controlled substance. Once the marijuana legalization laws are fully implemented, employers will likely experience an increasing number of individuals testing positive in pre-employment and employee drug tests. Employers might wish to assess whether they should adjust their workplace drug policies to account for the changing landscape for lawful use of marijuana. Issues in Brief

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