Can Employers Still Test For Cannabis in Legalized States?

Many jobs require a background check for new applicants, which often includes a drug test.

But with more and more states legalizing cannabis, lots of folks are increasingly questioning the legitimacy of a drug test that includes cannabis screening.

Not all new employment drug tests screen for alcohol. And if they do, the presence of alcohol on a drug screen doesn’t automatically disqualify you for a job.

Of course, this is because alcohol consumption is legal across the United States for anyone over 21.

But if you reside in a state where cannabis is similarly legal for those 21 and over, why would be applicants be screened for cannabis? And even if you were, shouldn’t testing positive for cannabis be removed as an employment disqualifier?

We had the same question here at Cannawayz.com and decided to investigate further. What we found was not very encouraging…

Drug Testing in Legalized Cannabis States

Unfortunately, most states do not have any protective legislation that bars employers from either testing for cannabis or rejecting job applicants who test positive for cannabis use.

Why? There are a few reasons…

Maintaining a “Drug + Alcohol-Free Environment”

Most legalized cannabis state governments (all but Maine at this point) still grant private employers the right to maintain an “alcohol and drug-free environment.”

Even testing positive for alcohol could bar a job applicant at a company with a stated zero-tolerance alcohol and drug policy.

Safety Concerns

Various state and federal laws require drug testing for most new employees in the transportation, construction, and manufacturing industries.

And U.S. Department of Transportation laws specifically mandates ongoing drug testing for workers operating heavy machinery in the transportation field. This law applies to truck drivers, bus drivers, and train operators.

Cannabis is Still Illegal At the Federal Level

Though many states have legalized cannabis, it remains illegal at the federal level. Thus, any federal job requires a drug test. And any job with a company that takes federal funds or federal government subsidies requires a drug test.

Potential Changes to Drug Testing Policies in the Future

When cannabis is legalized at the federal level (because, let’s be honest, it’s coming sooner or later), there will be significant changes to drug testing policies.

In particular, any job that cannot claim “safety concerns” or disqualify applicants for alcohol use can no longer bar applicants for cannabis use.