Foley & Lardner LLP Senior Counsel Patrick McMahon is quoted in the U.S. News & World Report article, “The Worker’s Guide to Pre-employment Drug Testing,” offering guidance for employers as pre-employment drug testing policies continue to evolve.
McMahon said although marijuana has been legalized in some states, it remains a Schedule 1 narcotic and exceptions do exist in state law that prohibit illicit drug use in relation to certain jobs, such as positions with the federal government. “As it stands right now, it’s a bit of a minefield for employers who operate in several states,” he commented.
Given that pre-employment drug testing laws vary by state, McMahon noted that “Cannabis is a bit of its own animal right now and it’s one area that employers have got to have a pretty close eye on.”
"The recreational marijuana law in Illinois also has a caveat that employers can still apply a reasonable zero-tolerance cannabis policy in the workplace. So, that would seem to conflict with this lawful use provision that is on the books in Illinois as well," he added.