Laws Surrounding Drug Testing Vary by State and Continue to Change
As of the most recent election cycle, 26 states and the District of Columbia have permitted either recreational or medicinal use of marijuana. Contractors and employers will be faced with evaluating their drug policies and must be aware of what the courts have to say about the matter. It’s important to remember that while states have legalized its use, marijuana is still illegal under federal law. This means that contractors working under a government contract or for a federal employer are prohibited from using marijuana in any way – even for medicinal purposes. This counts for both on-site use as well as off-site or at-home use. While federal law makes it clear that an employee who fails a drug test while working under government contract or for a federal employer can be fired by the roofing contractor, the laws vary by state. Two issues up for continued discussion include handling employees who arrive at the job site under the influence of marijuana and the employer’s right to a...