Weed Testing for Workers May Not Be Worth It Anymore

On The Merits

Marijuana is now legal in about half of the states, but still maintains its illegal status at the federal level. What does this mean for an employer who wants to, or has to, administer drug tests for its employees?

We tackle that question on our podcast, On The Merits, with Sean Mack, a partner and co-chair of the cannabis and hemp law practice at the New Jersey firm Pashman Stein. Mack says testing employees for marijuana–or even firing them for testing positive–is now so fraught with employment law issues that it may no longer be worth the hassle.

Mack also talks about a case out of Ohio, Fisher v. Airgas, in which an employee who was fired for a false positive marijuana test result won at the federal appellate level. Mack says it's a sign that, in employment law cases, even federal judges are able to look beyond pot's controlled substance status.

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