Workplace drug testing is facing new challenges with the wave of new marijuana laws.
Marijuana is newly legal at some level in 28 states, including Maine, but remains illegal on a federal level. Companies are grappling with how to balance out the new laws, the Wall Street Journal reported.
Amanda Baer, an attorney at the Mirick O’Connell law firm in Worcester, Mass., said employers need to be careful about how they approach the subject, the newspaper reported.
Because marijuana stays in the system for several days, it raises concerns over whether the employee was imbibing on the job or off duty. Firing or disciplining an employee could open companies up to lawsuits, Baer said.
“No company wants to be the test case,” Baer told the newspaper. “If workers are not in a safety-sensitive position, they probably shouldn’t be tested.”
Either way, employers still have the right to ban use onsite.
Photo: MarihuanayMedicina/Flickr
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