Can Employers Still Drug Test Where Marijuana Is Legal?

Law360, New York (January 3, 2017, 11:29 AM EST) -- Sorry to be a buzz kill, but in many states where marijuana has become more accessible and legal, employers can still drug test for weed.

It would be great if the rules were clear, stable and uniform from state to state and across the country. But the reality is, especially with an incoming right-leaning cabinet, you’re facing a mixed bag of guidelines over the next couple of years.

Further complicating things is that, even when an employer is allowed to drug test, these tests don’t show whether someone is cannabis-intoxicated at the time of the test — like a blood alcohol...

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