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Drug testing has been a staple of the hiring process for decades, helping employers across industries to mitigate their risk in terms of cost, productivity, liability and employee well-being. This is unlikely to change anytime soon, particularly in automotive, construction, manufacturing and other sectors where safety is paramount.
But with more states working to decriminalize or legalize marijuana use, routine workplace drug screening deserves a closer look. Last summer, Quest Diagnostics reported that the number of American workers and job applicants testing positive for drugs reached a 14-year high, with positive screens for marijuana at the top of the pile.
What does this mean for employers?
The increased legalization—and utilization—of cannabis creates a decidedly gray area for employers. Companies need to re-examine their drug policies and potentially modify their approach when it comes to vetting job candidates.
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There are multiple factors to consider. First, in this era of low unemployment, attracting and retaining top-notch talent is a challenge—particularly in the legal market. When you make a negative marijuana drug test a requirement for employment, it has the potential to shrink the talent pool even further. This is especially true for companies in states with pro-cannabis legislation, but also impacts those in states where cannabis has not been legalized. If that company is hiring nationally, they're likely to see fewer candidates from legalized locations.
There's also the matter of drug testing reliability. Most employers use urinalysis as their go-to screening method due to the fact that it's relatively inexpensive, fast and non-invasive and can reveal use of either illicit or prescription drugs. The drawback of urine testing is that it only detects recent use of marijuana. THC, the chemical that produces marijuana's psychoactive effects, can stay in the body for up to several weeks. This means that a positive result does not necessarily indicate current, on-the-job impairment nor does it speak to frequency of use. So if a lawyer is a casual marijuana user on the odd weekend, does that impact their overall ability to perform their job?
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