With cannabis legalization spreading in the United States, an increasing number of job seekers are using cannabis, whether for medical or recreational reasons. This trend is reshaping hiring and retention practices, with some companies opting to end marijuana screenings, particularly for THC.
Kathryn Russo, a principal at Jackson Lewis, a law firm representing employers, noted that many companies are reevaluating their drug-testing policies in response to changing cannabis attitudes. While not all companies are ending drug testing entirely, some are discontinuing pre-employment cannabis screenings to avoid losing potential hires.
Brenda Buyce, a human resources manager at an assisted-living facility in Michigan, explained that drug testing for cannabis caused them to reject qualified candidates, especially among younger applicants. Despite cannabis legalization in Michigan, state regulations prevented them from hiring individuals who tested positive for marijuana. Consequently, the facility stopped testing job candidates for THC, recognizing that testing for a legal substance was counterproductive.
The tight labor market has prompted changes in cannabis testing practices, as employers compete for top talent, which increasingly includes cannabis users. Some employers now adopt a more lenient attitude, focusing on whether employees use cannabis on the job rather than during their personal time.
While fewer employers are testing for cannabis, those that continue to do so are witnessing an increase in positive test results as cannabis legalization spreads. Quest Diagnostics reported record-high positivity rates for cannabis in its drug testing, suggesting that changing societal views on marijuana may be influencing workplace behaviors.
In states where cannabis is legal, positivity rates for cannabis screenings are notably higher, both for recreational and medicinal use. Employers are also adapting their policies to comply with state laws, as many states have enacted measures to protect the employment rights of cannabis users. Notably, 20 states prohibit employment discrimination based on medical marijuana use, while eight states extend similar protections to recreational cannabis users.
By FCCT Editorial Team