If you are an employer or hiring manager in the U.S., perhaps recent changes in drug-related legislation have left you a bit perplexed. That’s not surprising. In 2014, half of the states passed new legislation as they wrestled with how to deal with medical marijuana and, in the case of Washington and Colorado, the legalization of recreational marijuana use. It has left the country somewhat fragmented regarding how employers should handle employment screening and drug testing.
In this post, we share a snapshot of where things stand within each state so you can make some sense of the changing landscape you may be facing. With more and more attention being given to developments in medical and recreational marijuana laws, it may be hard to imagine that the United States is not trending away from drug testing in the workplace. It is true that public opinion about certain controlled substances is shifting, but legislation is still being passed that creates provisions for drug testing employees, banning synthetic substances, and penalizing intoxicated motorists.
The diversity of laws and court decisions produced in 2014 is proof that the line between pro-employer and pro-employee is vague and becoming more difficult to draw-out. As laws in some states provide new “rights” to individuals to consume intoxicating substances, other laws in those states as well as other places reinforce the rights of employers and citizens seeking to ensure safe workplaces and communities.
Comprehensive state-by-state recap
Six states passed legislation that directly creates drug testing requirements, either for public assistance or specific industry employees. These states include Alabama, Delaware, Georgia, Illinois, Mississippi, and New Hampshire. Three of those states passed laws to test individuals applying for public assistance (AL, GA, and MS). The other three states created requirements to drug test uniformed service employees of the Justice of the Peace Court (DE), Department of Corrections employees (IL), and certain health care workers (NH). This shows that when it comes to the workplace, legislators are trending more and more towards specializing drug testing requirements on an industry-by-industry basis.
Format of the listings below: Legislation description, bill number, date and status as of this post.
Alabama
- Drug testing for applicants and recipients of public assistance Learn More, SB 63 (2014), 4-3-2014 Delivered to governor
- Marijuana, medical necessity, defense against prosecution Learn More, SB 174, 3-20-2014 Assigned Act No. 2014-277
- Add substances to existing controlled substances, Schedule I Learn More, SB 333, 3-13-2014 Assigned Act No. 2014-184
Alaska
- Synthetic Drug Ban Learn More, SB 173, 7-16-2014 Signed into law
Arizona
- Workers comp and controlled substances Learn More, HB 2221 (2014), 4-16-2014 Signed by Governor
Delaware
- Drug testing of uniformed service employees of Justice of the Peace Court Learn More, SB 169 (2014), 7-15-2014 Signed by Governor
Florida
- Authorizing specified physicians to prescribe to specified patients medical-grade marijuana Learn More, SB 1030, 6-17-2014 Chapter No. 2014-157
Georgia
- Create public-assistance drug testing program Learn More, HB 772 (2014), 7-1-2014 effective date
Illinois
- Amends the Compassionate Use of Medical Cannabis Pilot Program Act Learn More, SB 2636, 7-21-2014 Governor approved/Public Act 98-0775
- Drug testing of Department of Corrections employees Learn More, SB 2668 (2014), 7-16-2014 Governor approved/Public Act 98-0757
Indiana
- Amends UC law in general and touches upon drug testing Learn More, HB 1346 (2014), 3-24-2014 signed by Governor
Iowa
- Medical marijuana Learn More, SB 2360 (2014), 5-30-2014 signed by Governor
Kentucky
- Amend KRS 218A.010 concerning marijuana Learn More, SB 124, 4-10-2014 signed by Governor
Maine
- Amend operating-under-the-influence laws Learn More, HB 1590 (2013), 2-27-2014 Passed to be enacted
Maryland
- Altering the purpose of the Natalie M. LaPrade Medical Marijuana Commission Learn More, HB 881, 4-14-2014 approved by Governor
- Making the use or possession of less than 10 grams of marijuana a civil rather than a criminal offense Learn More, SB 364, 4-14-2014 approved by Governor
- Medical marijuana Learn More, SB 923 (2014), 4-14-2014 approved by Governor
Michigan
- Controlled substances; marijuana; sale of pharmaceutical-grade cannabis through licensed facilities Learn More, HB 660 (2013), 12-31-2013 approved by Governor
- Marijuana Roadside Saliva Test Crimes. Learn More, HB 5385, 10-22-2014 assigned Pa 315'14 with immediate effect
Minnesota
- Pharmacy Board cease and desist authority granted to prevent the sale of synthetic drugs Learn More, HB 2446, 5-21-2014 Secretary of State Ch. 285
- Forensic lab accreditation Learn More, SF 1725 (2014), 4-28-2014 Secretary of State Ch. 168
Mississippi
- An Act To Provide That Adult Applicants For TANF Benefits Learn More, HB 49 (2014), 3-24-2014 approved by Governor
- Add substances to Schedule I Learn More, HB 1231, 4-17-2014 approved by Governor
Missouri
- Allows the Department of Agriculture to grow industrial hemp for research purposes and allows the use of hemp extract to treat certain individuals with epilepsy Learn More, HB 2238, 7-14-2014 approved by Governor
- Medical marijuana. Learn More, SB 951 (2014), 4-22-2014 Voted Do Pass
New Hampshire
- Prohibit the designation of hemp as a controlled substance Learn More, HB 153 (2013), 7-18-2014 signed by Governor
- Require random drug testing program for certain health care workers Learn More, HB 597 (2013), 5-28-2014 signed by Governor
New York
- Legalization of medical marijuana (SB 4406 identical bill) Learn More, AB 6357 (2013), 7-5-2014 Signed Chap. 90
Oregon
- Governing body of city or county may regulate or restrict operation, registration, storing and dispensing of medical marijuana Learn More, SB 1531 (2014), 3-20-2014 Effective date 3-19-2014 Governor signed
South Carolina
- Relating To The Controlled Substances Therapeutic Research Act Of 1980, To Enact The Medical Cannabis Therapeutic Treatment Research Act Learn More, SB 1035, 6-2-2014 Signed by Governor
- Amend wording for DUI law and testing for DUI Learn More, SB 137 (2012-2013), 4-23-2014 Act No. 158
- Drug testing procedures for WC Learn More, SB 826 (2013), 6-10-2014 Act No. 197
Utah
- Workers Comp and Misconduct Learn More, SB 4401 (2014), 3-29-2014 Signed by Governor
Vermont
- Amend DUI law Learn More, HB 501 (2013), 5-10-2014 Signed by Governor
