Employment Law Minute: Testing for Marijuana Impairment

As marijuana increasingly becomes legal on a state level, many businesses are grappling with various workplace policies.

For example, as a matter of on-going employee monitoring, is it time to move from employee zero tolerance to an impairment standard, and if so, what is that standard?

In "legal" states it could become a talent issue, especially in industry/role where no legitimate business case exists for enforcing absolute abstention.

To be sure, pre-screen with zero tolerance have resulted in labor shortage for certain businesses, in legal states already.

Business considerations aside, the most important factor from a liability standpoint remains a crystal-clear policy, enforced uniformly with perfect precision.