Use and acceptance of marijuana is at an all-time high in the United States. According to an October 2017 poll by Gallup, 64% of Americans now believe marijuana should be legal. As states continue to legalize marijuana, employers are being challenged to re-evaluate their existing policies to provide more legal clarity and better drug testing methods.
While marijuana remains a Schedule I drug under federal law, its state-wide legality continues to spread. The acceptance and normalization of marijuana use is already becoming a problem in the workplace. “Marijuana is just so much more prevalent,” says Greg Fulton, president of the Colorado Motor Carriers Association. “It’s in cookies, muffins, bread, candy. More people are testing positive. People say they were at a party and just didn’t know.” Testing for marijuana is especially difficult because THC remains in the body for longer than any other drug, sometimes for as long as 30 days.
Several companies are working to create a breathalyzer for marijuana that can determine the level of marijuana impairment at any given time. Should this technology be introduced, there’s little doubt that workplace marijuana policies would change. Until then, employers need to make sure their company policies are clear and accommodate employee needs while maintaining a safe work environment.
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