interviewed McGuireWoods labor and employment associate
John Thomas for its Oct. 21, 2021, article titled “Legal Weed, Tight Labor Market Has Companies Dropping Drug Tests.”
The article noted that some employers are quietly moving cannabis off the
list of drugs for which they test their applicants and employees — possibly
indicating a growing trend. Other employers are trying to figure out how to
develop a consistent drug-use policy, given the legal and social landscape.
Thomas said the companies struggling the most are the ones with multistate
operations. They face the challenge of reconciling company culture, a
patchwork of state and local laws, and still-evolving public opinion and
science regarding cannabis use. “And they’re either having different
policies for different states or they’re doing what I call ‘the least
common denominator’ ” and “treat everyone like they live and work in the
most permissive jurisdiction,” he explained.
Thomas, who adds his employment law perspective to McGuireWoods’
cannabis, hemp and CBD team, said some employers are re-evaluating drug testing policies in response
to tight labor markets.