Last updated : May 12, 2025
We’re just over a month before the November election. It turns out that Florida isn’t the only state that has marijuana legalization on the ballot. Idaho, Nebraska, and South Dakota are putting the decision in the hands of their citizens too. Should the measures pass, advocates for legalization are sure to call for an end to marijuana drug testing.
However, employers don’t have to worry whether or not they will have to comply. Few states have limited marijuana drug testing on employees after legalization and, then, the focus is on pre-employment drug testing policies. As for employers in the states mentioned above, if the measures pass in November, there don’t appear to be any stipulations on drug testing.
Marijuana is a drug
Whether or not it’s legal to use marijuana in specific states, the reason people use it—whether medically or recreationally—is to get in a different frame of mind. Marijuana use impairs normal thought patterns making it more likely that someone under the influence at work is at greater risk of being involved in an accident. The same can be said of impaired motor skills, and these, too, are impaired after smoking, or otherwise ingesting, marijuana.
The public needs to realize that treating marijuana legalization in the same manner as alcohol should be the common theme. Everyone understands that you can’t show up for work if you’ve been drinking.
What’s the problem then?
The problem lies in the fact that marijuana metabolites—the marijuana substance that remains in the body after going through the metabolization process—can be identified in the body long after the time of impairment passes. Three of the four tests used for drug testing detect drug metabolites.
The urine, hair follicle, and mouth swab drug tests don’t determine current impairment because they all look for drug metabolites. The blood test detects parent drugs, but it’s expensive. Moreover, the parent drug is only detectable for a few hours at most. It’s for that reason that this test is generally reserved for use after a workplace accident occurs. Drug impairment is an indicator of who is responsible for the accident’s occurrence.
Testing the hair for drugs allows employers the luxury of weeding out habitual users. That’s because all drug use is detected for a 90-day period. This test is fairly costly though so most employers shy away from it. Some companies only use this test for possible new hires and then use a less expensive test method for other scenarios.
As far as the urine and saliva drug tests, the length of time that drugs remain in the system varies. The reason has to do with various factors such as individual body mass and frequency of use.
For instance, urine drug tests detect amphetamines for up to three days, however, oral fluid tests only read positive somewhere between 24 to 48 hours after the last dose.
The exception to the rule
Other drugs follow in that vein and all have a much shorter detection period than marijuana.
People who occasionally smoke or ingest other marijuana products can test positive on a drug test for up to a week or so after the last use. Frequent users for a few weeks up to a month after stopping. Chronic users can test positive for pot for three months—or possibly longer—after discontinuing use.
The bottom line
Sure, employees who smoke pot—or would if it were legal to do so—wouldn’t want to get busted on a drug test. Policies aren’t apt to change after legalization, so, it would likely result in their termination. However, not all employers drug test so finding a company to work for that doesn’t is an option.
Meanwhile, employers who create a drug-free workplace and require employee drug testing do so for safety’s sake. It’s a proven fact that when drug-free programs are put in place, workplace accidents decrease. Moreover, turnover rates drop and employees don’t call in absent as often. As long as marijuana is classified as an illegal substance by the federal government, there is no reason that it shouldn’t remain on the company test.
Smoking pot, munching on edibles, and vaping all cause impairment. Being under the influence at work puts everyone at higher risk of being involved in an accident. Employers don’t want to take that risk. Until there is a test for current impairment, employers have every right to keep testing for the drug. And employees have every right to find a new place of employment if that doesn’t suit them.
It would probably behoove them to make that decision on their own anyway instead of hoping for the best and testing positive if they get called up. It paves the way for job searching without disrupting their income. It’s sure to be a far less stressful experience than suddenly being out of work.
Win-win?
