Marijuana legalization is spreading rapidly across the United States, and with it comes a flood of new questions from both employers and employees.
If it's legal in my state, why can't I use it at work?
If marijuana is "natural", doesn't that make it safe?
And if so many states have approved it, why are companies still testing for it?
As laws evolve, workplace safety, federal compliance, and company culture remain at the center of the discussion. Employers must stay informed, proactive, and consistent when developing their drug-free workplace policies.
Legal Confusion: State vs. Federal Law
Public opinion and state laws have changed quickly- far faster than federal regulation. Polls show that roughly two-thirds of Americans support recreational marijuana use, and nearly nine in ten approve of its use for medical purposes under a doctor's care.
Despite these numbers, federal law still classifies marijuana as an illegal Schedule I drug under the Controlled Substances Act.
The 2018 Farm Bill further complicated the issue by removing hemp (and hemp-derived CBD products with less than 0.3% THC) from the definition of marijuana. This change created a booming CBD market but also led to significant public misunderstanding- many people assume all cannabis-related products are legal everywhere, which is not true.
Understanding Safety Risks and Workplace Impact
Whether marijuana is "safe" depends largely on the situation. While many users report therapeutic or relaxing effects, there's growing evidence that it can impair memory, coordination, and reaction time- skills essential to workplace performance.
A Quest Diagnostics Drug Testing Index found a continued rise in marijuana positivity in employee drug tests- up 14% in just three years. States that legalized recreational use, such as Nevada, Massachusetts, and California, saw some of the sharpest increases.
Even more concerning, higher positivity rates have been observed among employees in safety-sensitive roles- where impairment could lead to serious accidents or injuries.
Workplace Safety: An Employer's Responsibility
Employers are legally and ethically responsible for providing a safe environment. Impairment- no matter the source- creates risk.
Recent research shows:
- 28% admit to using on their way to work, and 22% during lunch breaks.
- Workplace overdose deaths have risen more than 25% in recent years.
Unlike alcohol, marijuana impairment is difficult to measure in real time. THC metabolites can stay in the body for days or even weeks after use, meaning a positive test doesn't always prove when the substance was used- but it does indicate that it was used, creating a safety and liability concern.
Why Employers Continue to Test
With legalization expanding, some companies are reevaluating their testing policies. But removing marijuana from a drug-testing panel isn't without risk.
Employers in federally regulated industries (such as transportation and aviation) are required to test for marijuana under Department of Transportation (DOT) guidelines. Others may have customer contracts, insurance policies, or federal funding that also require testing.
Even for non-regulated employers, data supports continued testing:
- Workers who use marijuana have 55% more accidents,
- 85% more injuries, and
- 75% higher absenteeism compared to non-users.
One long-term study of postal workers found that employees who tested positive for marijuana had higher rates of absenteeism, turnover, and workplace incidents- even though neither they nor their supervisors knew the results.
Employer Best Practices
If your company is reconsidering its marijuana testing policy, it's important to proceed thoughtfully. Safety and compliance must remain the top priorities.
Employers should:
- Stay current with state and federal regulations.
- Maintain clear, updated drug-free workplace policies.
- Train supervisors to recognize signs of impairment.
- Educate employees about the effects of marijuana use and how it can impact performance and safety.
- Use reasonable suspicion and post-accident testing to manage potential risk.
Where Things Stand Now
- 33 states + Washington, D.C. allow the medical use of marijuana.
- 10 states permit both medical and recreational use.
- 14 states allow limited CBD use for medical purposes only.
- Federal law still prohibits marijuana use or possession nationwide.
In Summary
As marijuana laws continue to evolve, employers must balance public perception with the practical realities of maintaining a safe, compliant, and productive workplace.
Until federal law changes and reliable on-the-job impairment testing becomes available, companies should continue to follow established drug-free workplace policies- protecting both their employees and their business.