Last updated : April 14, 2025
Merriam Webster defines decriminalization as follows “to remove or reduce the criminal classification or status of.” There are some who believe that decriminalizing drugs will positively influence society because it puts the emphasis on treatment not punishment.
Removing the penalty of prosecution when caught with a decriminalized substance doesn’t mean that it’s legal to purchase and use.
Still, many hope that decriminalizing drugs breaks down the negative impressions of someone who is addicted to hard drugs. This seems well and good for those caught up in the throes of their addiction. Treating their substance abuse issues rather than tossing them behind bars sounds like the best case scenario.
Would decriminalizing drugs “punish” employers though? If drugs were decriminalized, what happens to employee drug testing?
Will they be left with a leg to stand on?
For the most part the answer is yes, they will. Employers won’t be cut short, even if state or national government chooses to decriminalize a controlled substance. Employers will still be free to conduct drug testing as long as there are no specific laws put in place against it.
A good example of that is alcohol testing. Even though drinking alcohol is socially accepted and a legal activity, everyone understands that it’s never a good idea to show up for work—or get behind the wheel of a motor vehicle—if you’re drunk. Marijuana legalization is another example in which employers reserve the right to keep it on the company drug test even if it’s legal to use medically or recreationally.
Marijuana warrants a few exceptions
There are some exceptions to that rule in a few areas of the country, however. The state of New York prohibits employers from testing for marijuana on pre-employment drug tests. However, there are carve-outs in place that allow for marijuana testing for those who employ the safety-sensitive workforce. All New York state employers are allowed to test for the drug if an employee is exhibiting “articulable symptoms” of impairment though.
Articulable symptoms are defined as such:
• Decrease or lessen the performance of their duties or
tasks
• Interfere with an employer’s obligation to provide a safe
and healthy workplace, free from recognized hazards,
as required by state and federal occupational safety
and health laws
Nevada is another state in which it’s legal to use marijuana recreationally and prohibits employers from denying someone a position based on a positive pre-employment drug test result. They are, however, allowed to have marijuana on random drug tests. New hires names can be submitted to the drawing pool after 30 days of employment. Should they be called up for a drug test and register positive for marijuana, the employee may be terminated.
Of course, there are advocates for marijuana legalization still protesting that marijuana is allowed to remain on company drug tests for any reason.
It stands to reason that decriminalizing hard drugs won’t affect company drug tests. Even though the hope of decriminalization is to remove the stigma attached to substance abuse and encourage treatment instead, government officials realize the dangers that come into play were someone to be impaired by drug use in the workplace.
Stand staunchly, employers
The main reason that employers drug test is for safety’s sake. Drug use impairs the mind. Someone who is high at work puts themselves and anyone around them at greater risk of being involved in an accident. That is unacceptable. No one should have to worry about going to work and not coming home at the end of the day because a co-worker, messed up on drugs, caused them to be put in harm’s way.
It’s a proven fact that when employer’s implement a drug-free workplace protocol, accidents decrease.
Drugs in the workplace are responsible for other detriments as well including:
- Increased absenteeism and tardiness
- Reduced productivity
- Rise in healthcare costs
- Higher turnover rates
Moreover, company morale takes a negative turn. Employees who must constantly cover someone else’s workload because they don’t show up begin to feel taken advantage of—not to mention stressed! Some may actually worry about being involved in an accident. And, while those who use drugs are known for their inability to consistently keep a job, stellar employees often seek employment elsewhere to get out of such an oppressive environment.
Trial run didn’t go well
The State of Oregon gave hard drug drug decriminalization a try in November 2020. It wasn’t long before residents of the state began to complain about feeling unsafe. Open air drug use became more prevalent and citizens felt that the overall environment around them wasn’t changing for the better but the opposite instead.
For starters, overdose deaths in the state rose by as much as 75% compared to 18% prior to the decriminalization law taking effect. Violent crime increased by as much as 17%. Property crime increased as well. Moreover, the homeless population increased which was largely due to the influx of “unhoused persons” from outside the state. Overall, the people of Oregon felt there were a host of “quality of life” problems that arose from decriminalizing hard drugs.
The law was rolled back in September 2023.
Steady as she goes
America may not be ready to decriminalize all drugs at this point and it could be that will never be the case. However, drug overdose deaths were down last year so that’s in our favor.
Perhaps it’s a sign to keep on keeping on with current efforts. They include educating our children and young adults about the dangers of substance abuse. Our children are enticed by the “fun” of drug use. It’s seen as a right of passage of sorts, however, no one tells them how quickly tolerance builds up which leads to addiction. No one tells them about the fact that 50% of us are genetically predisposed to addiction.
No one tells them how great life can be without using drugs and alcohol. Repeatedly providing them with this information coupled with the evidence of someone they know and love who becomes addicted to drugs or alcohol and the horrors that can stem from such gives them the tools they need to make informed decisions.
We’ll continue to hope against hope that they decide to “just say no.”
