Some FAQs we have had recently:

Do employers have the right to deny THC use even though legal? Yes

Do employers have the right to deny THC use even with a doctor recommendation? Yes (it is not a prescription)

Should employees deny someone's condition that allowed them to get a THC "card"? No, in general these are ADA protected conditions

Should employers either not test for or disregard pre-employment THC positive employees then terminate them after a post-accident + THC test? In my opinion, NO. OSHA has published concern that post-accident drug testing can be a form of coercion to discourage injury that occurs at work. This approach may be looked at as such a policy. Further, unless reasonable suspicion is documented in addition to the positive test, the level of evidence that THC caused or contributed to the injury is not sufficient in my opinion. I have not yet seen litigation but suspect we will see class action litigation on this in the future over wrongful termination.

How many companies are allowing THC use on pre-employment? I would estimate 25%.

This blog is not intended to substitute for legal advise. Seek counsel before making legal determinations.