Legal Issues
Preemployment Drug Testing and the Legalization of Medical and Recreational Marijuana
May 04, 2023
By Shanna Fegely, Esq., and George C. Hlavac, Esq.
Historically, employers conducted preemployment drug testing to promote a drug-free work environment and safe working conditions for all employees. Applicants who tested positive for prohibited substances, including marijuana, were generally excluded from further consideration for employment. However, as more states legalize the use of medicinal or recreational marijuana, employers are facing difficult decisions regarding their preemployment drug testing policies.
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