marijuana state laws

Marijuana Legality and Pre-Employment Drug Testing

Although marijuana is legal in many states, there is still complexity surrounding how states manage the drug, particularly when it comes to drug testing.  Many states approach marijuana differently, and these laws continue to change.

 

In 1969, only 12% of Americans supported marijuana legalization.  In the decades since, this number has grown, with 70% of Americans in favor of marijuana legalization in 2023.  Marijuana state laws have changed in time with this trend.  Now, 24 states have legalized marijuana. 

 

However, some states remain strict on the issue.  In Wyoming, marijuana is illegal, and there are penalties for being under the influence and possession.  For instance, possession of 3 ounces or less of marijuana can result in 12 months in prison and a $1,000 fine. 

 

When it comes to pre-employment marijuana testing, many employers do not test interviewees.  However, 39% of marijuana users report going to work while high weekly, showing that marijuana does impact the workplace.  73% of users say that being high improves their work performance.  However, employers are often not prepared for the impact of marijuana in the workplace.  

 

In the states that do test for marijuana, testing is getting harder.  Out of 5.5 million samples, 6,000 samples were classified as substituted and 25,000 drug tests were classified as invalid.  This has led to more conversations about whether or not testing is the best path forward. 

 

As marijuana laws continue to change across the United States, it is useful to stay abreast of new legislation, whether it be about overall legality or employment drug tests.  

Marijuana at Work? State by State
Source: US Drug Test Centers