Last updated : November 18, 2024
While the legalization of marijuana in Colorado has caused some confusion, it should be kept in mind that it doesn’t prevent companies from protecting their operations. The misunderstandings stem, in part, from the federal Americans with Disabilities Act. This law protects workers who use disability-related medications that can produce positive results on drugs. It was designed to guard against discrimination of persons who use opiate-based prescription drugs for conditions like chronic pain. Marijuana is still considered illegal at the federal level. The law that allows recreational use does permit the business owner the right to maintain a drug-free workplace. The state laws concerning medical use are only to prevent criminal prosecution.
Federal laws supersede state laws, and there are certain situations when testing is necessary. The exception is if the work is covered by federal regulations. This is particularly likely with transportation jobs. Land, sea, and air transport is all regulated by at least one federal agency. Because of the potential danger involved, drug testing for some types of work is mandatory. The bureaucracy involved will provide the requirements and guidelines. Companies that have contracts with the military and some other parts of the federal government can also be expected to apply drug tests for some specific positions.
Beyond these particular circumstances, an employer only needs to considered whether screening for cannabis use is in their best interests. Laws permitting casual use do have their limitations. Businesses can be affected financially if they cannot screen for this drug. It should be noted that there are deductions on worker compensation insurance premiums if the business is certified drug-free. This certification does not exempt pot. The insurance companies are very much aware of its potential harm. Lawmakers were aware of this problem when crafting the law.
Even though marijuana is often thought to be relatively harmless, it can still have a serious impact in the workplace. The drug is used for the same general reason as other drugs, to alter mental perception. Cannabis, in particular, produces various mental effects that can impair a person’s ability to perform even simple tasks. The drug has been shown to slow reaction time and thinking. Reductions in balance, coordination, alertness, and concentration result from its use. There are also problems with short-term memory and physical perceptions. Any of these effects can cost a company a lot of money. At the very least, less work gets done. Property damage and accidents are also more likely to occur.
Obviously, cannabis needs to be taken just as seriously as other drugs. The same basic benefits are gained by including it in a package of drug tests. Improvements in health and safety at the work site are the easiest to understand results from testing current and prospective employees. What may not be as clear are other costs. People who abuse drugs, including pot, are more likely to engage in theft from their employer. They also miss work far more often and are more likely to quit. There’s also the threat of lawsuits against employers if a drug-impaired worker causes an accident while at work. While a recreational use law has complicated things, businesses from Denver south to Pueblo still need to consider what’s best for their operations.
