Bloomberg Quotes John Thomas on Workplace Cannabis-Testing Policies

October 27, 2021

Bloomberg Law 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.