Last updated : November 11, 2024
Unlike some states, Colorado does not prohibit or restrict private companies in any way from drug testing their employees, which gives Denver employers wide latitude in developing their drug testing policy. However, this doesn’t mean anything goes. There are still some guidelines you’ll need to follow in order to avoid a costly and time consuming HR-related lawsuit and the bad publicity that tends to comes with it.
Although Denver employers are not bound by any state drug testing laws, you still must comply with any relevant federal laws or state laws such as the Anti-Discrimination Act, medical and recreational marijuana statutes, Employment Security Act, American Disability Act, and workers’ compensation laws.
The passage of the Colorado Amendment 64 in 2012 means employees 21 and older may legally consume marijuana for recreational purpose. They are also allowed to carry up to one ounce of marijuana on their person. The amendment basically regulates marijuana in a way that is very similar to how alcohol is regulated in most states including Colorado. However, this doesn’t mean that you must allow them to bring it into in your workplace, or that you cannot enforce a zero-tolerance drug policy either. And there are several reasons you should do exactly that.
Obviously, the most powerful reasons are increased safety and productivity, but it doesn’t end there.
Under state law, Denver’s employers won’t be charged for unemployment benefits of employees who fail a drug test. This is a significant benefit for an employer, and a motivating reason to conduct drug testing. Even though marijuana is legal, employers are still permitted to test their employees for the drug. A 2015 Colorado Supreme Court ruling states that employers can fire employees who fail a drug test, even if they use medicinal marijuana.
Worker’s compensation benefits are also reduced by 50% when injuries are caused by personal consumption of non-prescribed drugs, which may help persuade employees not to use drugs.
Unsurprisingly, Denver has one of the highest illicit drug usage rates in the country. It is estimated that 21% of the city’s residents above the age of 12 have consumed illicit drugs, which is significantly higher than the national average of 14.7%. In addition, about 2% of Denver’s residents attend drug rehab annually. There are no indications that these numbers will be dropping in the near future.
Denver’s legalization of marijuana has not changed the fact that both employers and employees alike want a safe workplace, and despite what some have been lead to believe, employers can still conduct drug testing to help ensure that. Marijuana is unfortunately here to stay, but that doesn’t mean you have to allow it in your workplace, or that you have to employ people who use it—even if it’s done on their own time outside of the workplace.
If you think drug testing might be a good choice to help keep your workplace safer, you’re in good company because 27% of employers have reported that they’ve begun or increased drug testing as a result of marijuana legalization.
“There seems to be a movement toward more testing,” said Curtis Graves, a staff attorney with Denver-based Mountain States Employers Council. “A lot of people are freaked out” about the prospects of employees’ legal marijuana use. Other findings of the Mountain States Employers Council survey include:
- 77 percent of respondents said they test for drugs either in pre-employment screenings or during employment.
- Of those that test, 97 percent screen for marijuana and cocaine, 96 percent for opiates and 95 percent for amphetamines. Seven percent test for alcohol.
- 53 percent of testing employers said they would fire a worker for a first-time positive test for marijuana, and 12 percent would allow an employee to return under probationary conditions.
