In “As More States Legalize Cannabis Use, GCs Are Rethinking Corporate Policies,” labor and employment partner Nicole Truso spoke to Corporate Counsel about the changing landscape of preemployment and random drug testing for cannabis.
According to the publication, in the past, many corporations required applicants to take a preemployment drug test. However, some municipalities and states have passed laws that prohibit employers from testing prospective employees for cannabis.
Truso said that an increasing number of municipalities are also barring employers from making employees take random drug tests. Similar laws are likely to pop up in other states, she continued.
Random tests are not a good indication of whether someone is under the influence on the job, Truso noted. The issue with testing whether someone has cannabis in their system at work is that it could show up in their blood or urine if they used cannabis over the weekend, she explained.
“The only way to establish that an employee is impaired is by observation,” Truso said. She added that clients had engaged her on how to notice impairment and properly document it.
The full article is available for Corporate Counsel subscribers.