Today’s state laws regarding medical and recreational marijuana use make it more complicated than ever for employers to issue employee drug tests. While you’re generally allowed to test employees for almost any substance you want, you can’t necessarily make hiring or firing decisions based on those results. It’s important to understand your state’s specific laws regarding employment drug testing and how those laws have changed recently. Stay on top of the changes even if you’re an employee by understanding your rights and how to prepare for drug testing.
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2024 Changes to Drug Testing Laws
Numerous states have passed laws recently that change how employers can test their employees for drugs. For example, California Assembly Bill 2188 went into effect on January 1st. It limits an employer’s right to test their employee for cannabis metabolites that only indicate they’ve used THC in the last 30 days. Instead, they must use a more sensitive THC test that shows how recently cannabis was used. A similar bill was also passed in Washington, the Washington Senate Bill 5123.
However, these bills still don’t allow for the use of drugs on the job. Also, some positions that are considered high-risk can still use metabolite testing and establish a policy that precludes recreational marijuana use during an employee’s downtime. Those jobs are generally those in the construction field, transportation, and any positions requiring a federal background test. Urine and hair testing don’t show the active amount of THC in the bloodstream. Still, oral fluid (saliva) testing is widely available and permitted in 47 out of 50 states as a way to accurately measure active THC levels.
Are Employers Still Drug Testing for Marijuana?
Employers in some states where marijuana has recreational legal status have largely dropped marijuana drug testing. However, high-risk positions like medical professionals, truck and bus drivers, construction workers, and government jobs still tend to require marijuana testing. Before you assume that the legal status of this drug in your state means you’re free to use it in your spare time, it’s important to look up the local laws affecting you.
Check your employer’s written drug testing policy rather than relying on hearsay. Most states require employers to post a drug testing policy to help their workers understand their responsibilities and rights. If you can’t access an existing policy document, bring your questions to the Human Resources department for your employer. Don’t be afraid to ask if certain substances are included on the testing panel if you’re concerned about something specific.
What Other Substances Are Employers Testing For?
Even in states that have restricted marijuana drug testing, most employers still routinely and randomly test employees for substances like:
- Cocaine
- Opiates, including codeine
- Phencyclidine (PCP)
- Amphetamines of all kinds
- Blood alcohol content.
Some employers in certain states may also test for prescription drugs and require you to prove you have a valid prescription for specific high-risk jobs.
Tracking Your Drug Testing Results
If you’re working in a position that requires routine drug testing, you may want to track your own results to know what to expect. You can achieve this by choosing reliable at-home drug tests and using them regularly, recording the results to maintain proof of your own health. You may not be able to purchase the exact employee drug test your employer uses, but you can choose a sensitive at-home product that still gives you accurate readings. This is especially important if you work a seasonal or temporary job and plan to taper off marijuana before returning to work.
Choosing At-Home Drug Tests
Not all products sold for at-home drug testing offer accurate results. If you rely on low-cost but inaccurate tests, you could end up assuming that you’ll pass an employee drug test when you’re likely to fail instead. To find a reputable at-home drug test, look for saliva tests since they’re the most widely used option for measuring THC levels. You’ll only need home urine tests if that’s the kind of drug testing your employer still relies on. While lab-certified results might give you a concrete answer about your status, they’ll come with quite a delay. The fastest results will come from home tests that require no further processing.
