Can employers still legally test for weed or marijuana, and should they even if they can?
A new federal labor report, which has been one of the first since 1996, looks at a post-pandemic workplace where marijuana is now legal in more than 50% of U.S. states. Industries that continue to test are mostly in fields with safety risks or federal agencies.
The Cannabis Act permits employers to establish non-discriminatory “reasonable zero tolerance or drug-free workplace policies” prohibiting employees from using or being under the influence of cannabis at work (Mckenna Law). However, just because it is legal to partake in the state of Alaska doesn’t mean you can’t drug test against it, especially while on the job. There are safety risks to consider, and this is why these policies are in place. Driving while high is more commonly engaged in than drinking and driving. One has more of a taboo, and driving while high is something younger generations are admitting to doing. However, driving while high or operating machinery can have dangerous impacts.
How to Drug Test
Your policy must be non-discriminatory, and in writing. If you are going to test for marijuana, you must have it written in a clearly stated drug free workplace policy. The laws are changing too. Stay up to date on what you need to know by contacting us today.
Laws in Alaska
Here is a list of all Alaska drug testing laws, last updated in 2023. The laws are constantly changing in Alaska and across the U.S.
Oral fluid testing starting June 1st, 2023, will be legal (Department of Transportation).
Drug free workplace still means no cannabis in 2023. However, many companies have their own drug testing policies that may include cannabis in them. MedPhysicals Plus has the ability to create a custom plan that matches the needs of your company. Visit our page on employee drug testing and screening here.
Sources:
https://www.transportation.gov/odapc/frpubs