2020 is ushering in a slew of new state and city laws. Some laws going into effect in the new year pertain to cannabis drug use and the workplace. It may affect your current drug screening program depending on your state or city location. No changes have been made at the federal level regarding the recreational use of cannabis, but if you live in Illinois, Nevada, or New York City, there are some new changes to marijuana laws that may affect your current screening structure.
Illinois
Effective date: January 1, 2020
The Cannabis Regulation and Tax Act allows individuals aged 21 and over to possess marijuana legally for medical or recreational use. The act prohibits employers from taking adverse action against an employee for lawfully using cannabis outside of work. However, there are protections for employers built into the law as well. It permits employers to adopt a zero tolerance or drug-free workplace policy and employers are still entitled to test for marijuana, forbid employees from use during work hours, including those that are “on call,” or on company property.
Nevada
Effective date: January 1, 2020
Nevada has implemented a law which curbs pre-employment drug screening. The law makes it unlawful for Nevada employers to refuse to hire based on a positive marijuana drug test result, and provides employees who do test positive the right to rebut the original test by submitting to an additional screening. The law doesn’t apply to jobs requiring the operation of a motor vehicle, jobs that could adversely affect others safety, firefighters, and emergency technicians.
NYC
Effective date: May 10, 2020
Recreational marijuana use is still illegal in NYC, as it failed to gather support this last year, however, a new law in NYC prohibits employers from requiring applicants to submit to a drug test screening for cannabis as a condition of employment. The law permits employers to test employees for cannabis post-hire, if necessary for the job such as federal and state jobs, security sensitive jobs, construction and labor jobs, and those working with protected classes, among others.
Federal law
In November, the house judiciary committee approved a bill legalizing cannabis and removing it from Schedule 1 of the Controlled Substances Act. It also allows states to create their own policies and incentivises clearing criminal records for low-level marijuana offenses. The bill passed the House Judiciary Committee and looks to pass in the House. While it hasn’t cleared the House yet, lawmakers don’t see it getting picked up in the Senate. So for now, no changes to federal level marijuana laws have taken effect.
What can companies do?
As of now, 11 states have legalized recreational marijuana and 33 have legalized medically prescribed marijuana. As the numbers climb and companies expand to multiple jurisdictions, it’s important for businesses to develop drug screening policies that comply with local and state laws. If your company is located in Nevada, Illinois, or NYC, a fresh look at current drug policies is a must. Revise any policies that conflict with these new laws. It’s also a good idea to review all job descriptions and make assessments of which positions will require drug testing and those that won’t. Once all policies have been decided upon, new training for the HR and talent acquisition teams will help inform current employees of any changes and allow your hiring personnel to proceed into the new year with all the information they need to stay compliant.
The new year brings with it new laws regarding the legalization of cannabis. These laws affect company drug screening policies, whether it is pre- or post-hire. Illinois, Nevada, and NYC businesses are affected by these new laws and must review and revise their current drug testing policies to maintain compliance with these new laws. Retraining and educating talent acquisition and HR staff members will help facilitate these changes and make the transition smooth for all parties involved.
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Critical Research is committed to educating our clients and readers about the importance of pre-employment background screening, drug screening, and post-hire compliance. We believe in transparent communication and helping each client achieve their hiring goals. We’re here to help get your applicants from interview to orientation. For more information about changing drug laws, drug screening, and compliance, contact us.