to its developers, the device can detect whether someone has smoked marijuana or ingested a marijuana edible within the last three hours.
Drug Testing and Marijuana While most employers that utilize drug testing continue to use post- accident and probable cause drug testing, some, especially in states that permit recreational use of marijuana, are eliminating pre-employment drug screening. The inability to hire that employers in all industries are experiencing has been compounded in some in states that permit recreational- use. In some areas a large number of applicants are unable to pass a drug screen due to marijuana usage. Those employers reason that probable cause, or random testing if permitted, will eventually expose the habitual marijuana users. There is of course the potential for a claim of negligent hiring if a fellow employee was to be injured by a marijuana-impaired employee.
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
Employers that have eliminated pre- employment drug screening are willing to take that minimal risk.
Conclusion It is difficult to predict whether the trends to expand the legalization of marijuana
and to protect its usage will continue. However, marijuana has grown into big business in several states and generates substantial tax benefits. Other states may soon want to join the party.
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