As cannabis laws continue to change across the U.S., employers are facing new challenges when it comes to workplace drug policies. Growing acceptance of cannabis use, combined with increasing rates of positive drug tests, is prompting many organizations to reconsider long-standing hiring and safety practices.
Recent federal action has added another layer of complexity. Certain medical cannabis products have already been moved to Schedule III under federal law, while broader changes remain under review. If additional reforms move forward, businesses could see more requests for workplace accommodations as well as an increase in disability-related claims tied to cannabis use.
Against this changing legal landscape, employers are trying to strike a balance between maintaining safe workplaces and complying with evolving regulations. This is particularly important for industries where employee impairment could create significant safety risks.
Here are eight questions businesses should consider when reviewing or updating workplace policies:
- Should pre-employment cannabis testing remain part of the hiring process?
Businesses may decide to remove cannabis from standard drug screening for some positions, depending on the nature of the job and the laws in the states where they operate. However, certain occupations, including federally regulated transportation roles, may still require THC testing.
- Should safety-sensitive positions follow different rules?
While office-based employees may no longer face cannabis screening, workers in higher-risk roles may still be required to undergo testing. Any policy should be applied consistently and comply with applicable legal requirements.
- How should reasonable suspicion be handled?
Organizations need a clear process for identifying signs that an employee may be impaired while working. Policies should explain how supervisors should respond, document concerns, and take appropriate action while remaining consistent with workplace safety standards and anti-discrimination laws.
- Is there a defined disciplinary policy?
Companies should clearly outline the consequences for violating workplace rules related to marijuana use and possession while on company property or during working hours.
- Are managers and supervisors properly trained?
Frontline leaders should understand how to recognize possible impairment, respond appropriately, document incidents accurately, and report concerns according to company procedures.
- What happens after a positive cannabis test?
Employers should establish procedures for reviewing positive test results, allowing employees or applicants to challenge findings when appropriate. Businesses should also consider how they will address requests for reasonable accommodations from individuals legally using medical marijuana.
- Will one company-wide policy be enough?
Organizations operating in multiple states must decide whether to implement a single policy that satisfies all jurisdictions or develop separate guidelines reflecting each state’s legal requirements.
- Has legal guidance been obtained?
Before enforcing disciplinary measures or making employment decisions following a positive cannabis test, employers should consult qualified legal counsel. Professional legal review can help ensure workplace policies remain compliant as cannabis regulations continue to evolve.
For companies like Innovative Industrial Properties Inc. (NYSE: IIPR) that have marijuana businesses as clients, workplace marijuana policies could even be more important in preventing liability as employees go about their work.
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