“I don’t do drugs. I am drugs.”
– Salvador Dali
BenefitCorp clients have frequently requested help in determining how to proceed with their drug tests given the very fluid drug laws on both the state and national level. For the benefit of our clients (and our future clients), our public affairs team has put together a list to help employers who still use drug testing as part of their hiring process.
If the business has employees in Alabama, Georgia, Iowa, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Wisconsin, or Wyoming, then note that the use of marijuana plants for any purpose is illegal. Only the use of cannabidiol (and almost always in oil form), a substance used for specific medical conditions like epilepsy in children, is legal. Therefore, drug testing and “drug-free” workplace policies are commonplace and upheld in court.
If the business has employees in Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Maryland, Michigan, Minnesota, New Hampshire, New Jersey, Montana, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, or West Virginia then note the use of marijuana plants is legal for medical purposes only. Recreational use is still illegal and, therefore, any employee use without a medical prescription can be a reason for termination if the company has strict drug testing and “drug-free” workplace policies.
If the business has employees in Alaska, California, Colorado, DC, Maine, Massachusetts, Nevada, Oregon, Vermont, or Washington, then note the use of marijuana plants for recreational purposes (for those over 21 years of age) is legal. There is a nuance to each state’s’ laws, so contact your BenefitCorp consultant here if your company would like to implement drug testing and “drug-free” workplace policies or if there are any questions about compliance.