Drug testing in the workplace, especially in the manufacturing industry, has become a common part of pre-employment screening and health/safety measures in the workplace, which may include random, post-accident, and reasonable-suspicion testing. That being said, many employers are re-thinking their testing approach in light of legal changes and societal shifts related to drug use and, more specifically, marijuana use. In recent years, as the number of states legalizing medical and/or recreational marijuana has grown, manufacturers have been grappling with how to comply with their legal obligations while also balancing the need to maintain a safe workplace, attract qualified applicants, and avoid potentially unnecessary pre-hire screening.
In recent years, there has been a growing shift in the United States in favor of legalizing marijuana use for medical and/or recreational purposes. To date, 36 states and the District of Columbia have legalized medical marijuana, and 17 states and the District of Columbia have legalized marijuana for recreational purposes; federal law, however, has not changed. In 2019, New York City went even further and passed a law prohibiting employers from conducting pre-employment drug testing for marijuana and tetrahydrocannabinols (THC) with exceptions, including for safety-related positions, among others. Since then, several other states and, recently, one municipality have passed or considered passing similar laws.