Last updated : November 11, 2024
It’s been more than half a year since the recreational use of marijuana became legal in Colorado, and employers are scrambling to adjust to the new reality. In years past, of course, it was a fairly cut-and-dry matter. Marijuana use of any kind was illegal, so employees who tested positive for using the drug were breaking the law and, therefore, there was little question about firing them. Employers around the state had to start making adjustments after the medical use of marijuana was legalized. Now that it’s been given the green light for recreational use, things are trickier than ever. For employers who care about productivity and safety, though, the choice is clear: Testing for the use of marijuana is an absolute must.
The Problem with Marijuana
Marijuana smokers have long bemoaned the unfairness of being tested for marijuana use. They often claim that marijuana users are less problematic than those who abuse alcohol. From the point of view of employers, however, there are lots of reasons to be wary of marijuana -smoking employees. While high on marijuana, people tend to have trouble focusing. The stereotype of the lazy pothead is actually quite accurate. Those who have recently smoked marijuana tend to let things slide and are known for procrastinating with the best of them. What kind of employer wants to hire someone who lacks focus or who is going to continually put things on the back burner? By testing for marijuana use, Colorado employers can avoid hiring people who lack focus and who are unlikely to be as productive as they’d otherwise be.
Is Testing for Marijuana Use Okay?
There’s a lot of confusion out there about whether or not employers are permitted to test employees for using marijuana, which is now completely legal in Colorado. Residents of the state are allowed by law to smoke or otherwise use marijuana as they see fit and face no legal repercussions for doing so. Employers, however, have the right to deny employment to people who partake. It would take major changes in the laws that are currently on the books to prevent employers from testing employees in this way, and that’s unlikely to happen any time soon.
State Laws versus Federal Laws
While public attitudes about marijuana use have relaxed substantially in recent years, most employers continue to be concerned about it. Many employers point to the fact that while marijuana use is legal on the state level, it is technically still against the law on the federal level. In other words, the federal government still considers marijuana to be an illegal drug. Employers who want to justify testing employees for marijuana use can easily point out this contradiction, and many of them do.
A Serious Workplace Issue
At the end of the day, employers reserve the right to screen employees for the use of alcohol, marijuana and just about any other type of drug. Just because something is legal doesn’t mean people can have their cake and eat it too. Those who are unhappy about potentially not being hired due to their marijuana use should quit the habit before applying. Similarly, employees who partake outside of work should understand that they’re potentially putting their jobs – and livelihoods – on the line. As unfair as it may seem to some, employers’ chief concerns are things like safety and productivity. They want to hire employees who bring as much to the table as possible, and those who smoke marijuana regularly often don’t fit the mold.
Will employers in and around Denver ease up about testing for marijuana use over time? Don’t count on it. Chances are that screening for marijuana use will continue to be par for the course, and it might become even more widespread as time goes by.
