Foley & Lardner LLP Of Counsel Mark Neuberger is quoted in the American City Business Journals article, “As marijuana laws shift, many employers are also rethinking their stances,” discussing the challenges many employers are facing as they try to keep up with the evolving legal landscape surrounding cannabis use.
Neuberger said that as many states like New York and New Jersey have essentially outlawed testing employees for cannabis use, this has created headaches for some employers.
“This has many employers concerned because no state allows employees to use cannabis while at work, even if it is for sanctioned medical use,” he said.
"Some states believe a worker’s employment shouldn’t be at risk if they used cannabis over the weekend but will invariably test positive days or even weeks later. The law on this issue varies widely among the states and is rapidly changing, so many employers are just giving up on cannabis testing," he explained.
Neuberger suggested that employers may need to shift from chemical testing and start training their managers to observe and detect impairment on the job to determine when it’s unsafe to have someone at work.