It seems like every employer is conducting mandatory drug testing these days. In states like California, where medical pot use has been legal since 1996, this can cause problems for employees legally using marijuana with a doctor’s prescription. 

The introduction of Sen. Mark Leno’s bill comes on the heels of the November defeat of Proposition 19, which sought to legalize marijuana across the board. Mindful of weary attitudes towards medical pot use, and pot use in general, the bill exempts workers in “safety sensitive jobs,” such as doctors, nurses, bus drivers, and those who operate heavy machinery, details the Associated Press. Additionally, workers may not go to work under the influence.

In nearly two-thirds of states, employers may screen for drugs and alcohol so long as certain procedural safeguards are met. Employers may conduct pre-employment screenings only if they do so for every applicant, and once on the job, may not do so in a discriminatory manner. However, beyond these basic principles, laws vary from state to state.

In California, employers may only conduct tests in four circumstances:

Contrast this with Montana, where legislators have also been grappling with the tension between medical pot use and drug testing. Montana is much stricter than California, restricting testing to employees involved in certain professions, such as security, fiduciary positions, and hazardous materials.

Related Resources:

  • Bill would limit firings of medical pot users (SF Gate)
  • Lawmakers Debate Issue Of Employees And Medical Marijuana Law (NBC Montana)
  • Your Medical Marijuana Card vs. Drug Testing at Work (Courtside)
  • The Facts About Drug Testing During the Hiring Stage (FindLaw)

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