Ask ECRI: Preemployment Drug Testing for Marijuana

June 20, 2023 | Health System Risk Management


​A member recently asked about recommendations regarding preemployment drug testing under current medical marijuana and legalization laws. In our response we consider federal laws, state and local laws, reasons to stop or continue preemployment marijuana testing, and questions to ask legal counsel.

At the federal level, marijuana is still illegal, whether used for medical or recreational purposes. Under the Controlled Substances Act, marijuana; tetrahydrocannabinol (THC), except the THC in hemp; and...

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