The Pros and Cons of Marijuana Testing: What Employers Need to Know

When Gallup began tracking the average American’s opinion on legalized marijuana almost 50 years ago most people would never have guessed that by 2016 it would have reached a support level of 60%! For the first time in US history, individual states have begun to receive majority votes for the legalization of medical and recreational use. With this kind of support many corporate leaders have begun to ask themselves, do we continue to enforce our drug-free workplace policy?

• Marijuana use has always been a controversial legal issue in this country. Given the constantly changing political climate, it will likely remain that way for years. Changing company policy, however, requires a costly and legally binding decision. If public support for marijuana declines again, businesses that opt out of federally supported laws may suffer reputational damage. This shift could also lower employee confidence.
• Researchers still lack sufficient studies on the long-term effects of hiring habitual marijuana users. However, substance abuse in the U.S. continues to rise, costing businesses a fortune. The most recent data on drug abuse costs dates back to 2007. Even then, businesses lost an estimated $193 billion, while the country faced a staggering $600 billion in expenses. These costs included $61 billion for criminal justice, $11 billion for healthcare, and $120 billion due to lost productivity.
• Skipping marijuana testing can result in hiring more drug users. A study by heavy equipment manufacturer JCB revealed a shocking statistic—50% of job fair applicants left after learning about the company’s drug testing policy. Many decision-makers believe hiring potential drug users is not worth the risk, especially considering safety and productivity concerns.

• Saving money, or, more accurately the illusion of saving money. Some hiring managers mistakenly think that omitting marijuana testing will be a company cost saver. The fact is that having laboratories ignore a positive result for marijuana does not decrease the panel cost, there are even reports that some facilities charge more for the change.
• Privacy is another argument that has popped up in marijuana-friendly states recently. The argument sounds like this: “If marijuana is now legal then it’s invasive to employees to force testing.” In truth, most states that have legalized marijuana still recommend and support employers rights to test for the drug and hold employees accountable.

It is a company’s legal right to test for marijuana use in both current and potential employees. Time will tell where support will go from here, but for now, states that freely allow marijuana use are in the minority and federal law still prohibits its use.

The possible costs to businesses in increased employee injuries, decreased workplace safety and lost productivity is not yet worth the risk for any company. Marijuana use at workplace is at a 12 year high so it’s always a wise decision to include pot testing in your drug testing policies.

Having said all that, we have clients who do not want to test for marijuana. That is their informed choice, and we are happy to have their business. When it comes down to it, employers are allowed to make their own rules, so it’s ultimately up to you.