Many States have implemented medical marijuana and/or recreational marijuana laws. premium discount, with approval by state authorities. Its pretty much fair game unless the state prohibits it, says Cathleen Scott, a Florida employment lawyer. Testing permitted after applicant receives drug-testing policy and a conditional employment offer. At Paycor we offer more than best-in-class technology, we pride ourselves on our expertise. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). Eight years later, she feels differently. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. But, for employers, where is the reward in doing drug testing? Testing permitted for applicants to intrastate transport jobs, hazardous environments jobs, or positions with security, public safety, or fiduciary responsibility. Still, Gartners research shows a growing level of acquiescence to employer surveillance. Employers that fail to keep a pulse on the rules and regulations that apply to their screening program are exposed to higher risk and liability than ever before. Check out this guided tour to see for yourself how our platform works. The statute is further complicated by the regulations published by the Oklahoma State Department of Health. All employment offers are conditioned upon acceptable pre-employment drug tests which include testing for the use of marijuana and nicotine. It can affect judgment and concentration and may put companies at risk for a lawsuit. If you would ike to contact us via email please click here. Ari Emanuel lets his AI alter ego open Endeavors earnings call, Sam Bankman-Fried increasingly isolated as another associate takes a plea deal, How Black Market Flea and Everyday People brought the buzz of Black life to the Beehive. The following states specifically permit hair testing (some may limit hair testing to pre-employment only): Florida, Iowa, Louisiana, Maine, Maryland, Nevada, North Carolina, Oklahoma, and Utah. Questions to Ask Before Purchasing a New Payroll System. There are three types of voluntary programs that provide a return on the investment in a drug and alcohol testing program. PHA+Q2hlY2sgeW91ciBpbmJveCBmb3IgYW4gZW1haWwgY29uZmlybWluZyB5b3VyIHN1YnNjcmlwdGlvbi4gRW5qb3khPC9wPg==, Pre-Employment Drug Testing Laws by State, nearly half of all positive drug test results, Drug-Free Workplace, 42 Code of Federal Regulations (CFR) 223.5, National Council on Alcoholism and Drug Dependence. Why . After I quit, I was glad they did it, she says. Illinois law says employers cannot discriminate against an employee for marijuana use outside the workplace. Which brings us to our next point. Always check regulations to help ensure compliance. We flew through our NCQA licensure review. Given the state-specific nuances associated with this issue, employers thinking about implementing a nicotine-free hiring policy should consult with an attorney before implementing such a policy to ensure it may lawfully do so. Examples of open States include New Hampshire, Nebraska, Wisconsin, Washington, Texas, South Dakota, Pennsylvania, North Carolina, Michigan, and Massachusetts. However, the Cannabis Regulation and Tax Act also gives employers plenty of leeway when it comes to drug-free workplace policies. If an employee is injured at work, tests positive for a drug or alcohol, and then files for workers' compensation benefits, employers have the right to raise a defense to the employee receiving benefits. The testing is part of the urine drug screen done at the time of the pre-employment physical. Nearly a decade after she stopped smoking, Mabel Battle still has the last pack of cigarettes she ever bought. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. When U-Haul recently announced . US Executive Branch Update February 27, 2023. Laws differ in each state, particularly those states that have legalized medical marijuana, and in some cases recreational marijuana. While employers in states permitting tobacco-free hiring policies can legally refuse to hire smokers, there are practical considerations that should be addressed. As part of our commitment to a healthy workplace, we require employees to obtain an annual flu immunization. For example, a federal District Court in Connecticut ruled in favor of an employee involved in a workplace incident when the employee was required to submit to a post-incident test as required by the company's national corporate policy. Some of these mandatory states have straightforward rules. Voluntary States are typically States that have voluntary laws that offer a workers compensation premium discount to companies that elect to participate and follow the State program for drug free workplace. Testing is required for school bus driver certification and for security positions at Department of Corrections. Many of the policies banning the hiring of smokers expand on smoke-free workplace rules. Observed Collections - The following states, cities and Puerto Rico prohibit observed collections: Connecticut, Maine, Rhode Island, Vermont, Boulder, CO, and Puerto Rico. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Testing permitted after applicant receives drug-testing policy and a conditional employment offer and only if all job candidates are tested. Battle, from the Cleveland Clinic, initially held a negative view of her companys smoking policy. However, her success at giving up is also a striking result of a contentious corporate experiment. Testing authorized with advance written notice to applicant, after conditional offer of employment has been made, and if test is part of pre-employment physical. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Marijuana accounts for nearly half of all positive drug test results. Occupational Health Screening. Organize your team, manage schedules, and communicate info in real-time. This delights anti-smoking activists. Refusal to submit to a drug test can be basis for not hiring. And in those states this sort of. With so many states (37 at last count) legalizing medical and/or recreational marijuana, the pros and cons of drug or alcohol testing job applicants has become something of a hot topic. Whatever your drug testing needs are, we can help. These regulated employers must follow these regulations as they are mandatory. The states are Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Pennsylvania, Texas, Utah, Vermont,. And in those states this sort of policy has become the norm in the healthcare sector, Rogen says. For Non-DOT testing, there are no major regulatory requirements other than paying attention to any State laws. Payroll software can help businesses automate processes, keep you compliant, and make sure you pay employees correctly. Pre-employment testing is a key part of the policy. Sign up for the California Politics newsletter to get exclusive analysis from our reporters. It only prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness. Eliminate the stress of ACA filing with streamlined reporting. Contact us today at866-843-4545to learn more. Tell us about your organization and what you want to accomplish and well recommend a custom solution. Intuitive software to help pay employees accurately and on time. But the extent of the protections offered by these laws can vary, and there is a lot of debate around cases of employees who have been fired for legally using medical marijuana. The National Law Review is a free to use, no-log in database of legal and business articles. And a test can be challenged on constitutional grounds if the results are indiscriminately revealed or if testing is excessive or otherwise inappropriate. State laws on drug testing are typically broken down by States with mandatory requirements, States with no specific requirement or open states and States with voluntary requirements. Mine operators would inspect peoples homes, says Dale Ewart, who heads the Florida operations of labor union 1199SEIU United Healthcare Workers East. Failure to adhere to the rules in these mandatory states can be costly. Off-duty smoking bans have not been litigated sufficiently for the public to have a grasp as to whether [they are] enforceable, says Daniel Gwinn, an employment lawyer in Michigan. The company suggested that accidents have a "high correlation to drug use." 2023 Paycor, Inc | Refer Paycor | Privacy Policy | 1-800-501-9462 | Paycor has the right defenses in place to protect your data. Copyright 2023 Squire Patton Boggs (US) LLP, Public Services, Infrastructure, Transportation, Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. The states are . Posted on The Cincinnati Bengals and Paycor announce stadium naming rights partnership, further strengthening their shared vision and commitment to the Cincinnati community. Other very complex states include, but are not limited to Iowa, Maine, Maryland, Minnesota, North Carolina, and Rhode Island. Drug testing cannot identify whether the THC on a positive drug test is from marijuana or from CBD products. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. If an applicant fails the screening for nicotine, can he/she reapply for employment at St. Luke's? These states are not restricting drug testing and will have no specific requirements for drug testing. This is for the state of Arkansas. This decision has opened the door to debate over whether or not discrimination against applicants who smoke, are obese or have chronic medical conditions is legal. The drug test process involves three service providers: Thus far, we have shown you some of the compliance pitfalls to be aware of in the various state's rules. Nicotine products are highly addictive and have been linked to a variety of serious health issues, including lung cancer and other respiratory illnesses. Require the use of an MRO - Twenty-two states[11] require employers to use a Medical Review Officer (MRO) in the test process (see Map below). No one wants to live like that. Although U-Haul subsidiaries operate in all 50 US states and 10 Canadian provinces, due to legal restrictions in some jurisdictions, the policy will be implemented only in the following 21 US. Refusal to submit to a drug test or a positive test result can be basis for not hiring. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. Everyone is always so professional, yet super nice! If a person in one of these positions is ever in an accident on the job, they will also be required to take a post-accident drug test. I am happy those cigarettes are out of my life.. Paycors always in the news for innovation, hiring and more. U-Haul, the Arizona moving company with about 30,000 workers, this month became one of the countrys largest employers to stop hiring nicotine users a term that includes not just smokers but users of nicotine products. This potentially covers people who test positive for nicotine because they are trying to give up smoking using vaping, gum or patches. Do Issuers Fail To File Form Ds Because They Fear Trolls? Leave payroll and taxes to the experts so you can focus on your business. Pre-employment drug tests typically scan for six substances: Amphetamines (speed, crank, meth) Ecstasy THC (marijuana, hash) Cocaine (crack) Opiates (codeine, morphine, heroin) PCP (angel dust) Pre-employment Drug Tests and the Constitution Question:Can we have a policy banning the hiring of smokers, and is itlegal to test applicants for nicotine? For California businesses, 2020 will be a year of reckoning. First, your return on that investment (ROI) can be found in avoiding costly litigation by establishing and maintaining your testing program in compliance with the rules that apply to your testing program. Our team of experienced sales professionals are a phone call away. HR solutions purpose-built to help leaders create great places to work. Further, to be considered for employment in states where nicotine testing is allowed, applicants will be required to consent to submit to nicotine screening in the future. Los Angeles, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre, Column: Supreme Court conservatives may want to block student loan forgiveness. But 21 states allow an employer to decline to hire someone based on their nicotine use, according to the company, and it will implement the policy in those states as of February 1. [3] Unfortunately, the Court left open the definition of a safety or security position, saying that it was best determined on a case-by-case basis. Notice must be in writing, describing methods, procedures, and policies in detail. We encourage employers to view ourmarijuana pages to help with decision making on medical marijuana and recreational marijuana. All employers, including school districts or regional educational attendance areas. Certiphi Screening, Certiphi, myCertiphi.com are the registered service marks of Certiphi Screening, Inc. Vertical Screen, ApplicationStation, DegreeScan, FastPath are the registered service marks of Vertical Screen, Inc. Fieldprint is the registered service mark of Fieldprint, Inc. Ok, Continue Nicotine users are not a protected class under any federal anti-discrimination law, and thus state law governs this issue. Defend the rights of all people nationwide. However, should a company choose to fire any workers who use nicotine, the employees would have little recourse, depending on where they work. By analyzing someone's urine, it is possible to detect the presence of illegal drugs or alcohol after the effects of the substance have dissipated. New California labor law AB 5 is already changing how businesses treat workers, Drugmaker Eli Lilly to slash insulin prices, Stocks slip as stubborn inflation raises rate expectations, TikTok to set default daily time limit of 60 minutes for minors, Column: While workers struggled during the pandemic, CEO pay went up, up, up, The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Shocking, impossible gas bills push restaurants to the brink of closures, Best coffee city in the world? The response time has been very quick. U-Haul will be the first major company in its field to refuse to hire applicants who are nicotine users, and the new policy has caused some to question whether companies which, like U-Haul, are deeply invested in the well-being of their employees, are allowed to enact such policies. In the United States, smoker protection laws are state statutes that prevent employers from discriminating against employees for using tobacco products. Because you cant pick and choose; if you have a drug testing policy, it has to apply to all applicants, not just a select few. Read about how we use cookies in our. Only 21 states (including Ohio, where the clinic is based) allow companies to exclude smokers from their workforce outright. ), it may limit the pool of qualified job applicants (particularly in certain professions or age groups) and it may be resented by even nonsmokers, who see such policies as unwarranted intrusions into their off-duty conduct. Is the drug found by the laboratory there because of legitimate medical use or is it there from illegal use? I wanted to keep my job more than I wanted to smoke cigarettes, Battle says. The laboratory determines what is in the sample, but the MRO must establish how it got there. There are a couple of ways to test for nicotine and cotinine, the product created after nicotine enters your body: Qualitative testing: It simply looks for whether or not you have. Always seek professional assistance when implementing your drug free workplace program. Testing required for civil service applicants with city of Honolulu. - Paycors HR software modernizes every aspect of people management, which saves leaders time and gives them the powerful analytics they need to build winning teams. Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). Testing permitted after applicant receives drug testing policy. Like the Cleveland Clinic, U-Haul will allow those hired before the restriction to keep their jobs. This category only includes cookies that ensures basic functionalities and security features of the website. : Advanced Marketing Compels Trial on Arbitration in a TCPA Health Plans Gag Clause Attestations Due December 31, 2023. As with off-duty smoking bans, lawyers say the legal landscape on electronic surveillance is still evolving. The Cleveland Clinic, where Battle works as a health unit coordinator, has been a leader in corporate anti-smoking initiatives. Everyone I have contacted at Certiphi has been a complete pleasure to work with. Column: 15 minutes of fame flies by. U-Haul employees hired prior to February 1, 2020 will not be affected by the new policy. Pay employees from any location and never worry about tax compliance. Trust me; the effort will certainly be worthwhile. FT and Financial Times are trademarks of the Financial Times Ltd. Not to be redistributed, copied or modified in any way. 29 states don't allow nicotine testing for employment but the other 21 do. Learn more aboutDOT Compliancerelated to DOT drug and alcohol testing programs. Stay ahead of recruiting and hiring regulations. Our customers are our heroes. This Week in 340B: February 21 27, 2023. Connect with new hires and make a lasting first impression. Our popular webinars cover the latest HR and compliance trends. Random Testing - The following states and cities limit or prohibit random testing: Alaska, California, Connecticut, Maine, Massachusetts, Minnesota, Montana, New Jersey, Rhode Island, Vermont, West Virginia and Boulder, CO and San Francisco, CA. In the remaining 21 states, employers can deny you a job if you smoke cigarettes or if you test positive for nicotine use during a drug screen. Who can help student-athletes cash in? So, its easy to see why many employers are abandoning applicant drug testing altogether. Only an experienced MRO can make that determination. According to the Centers for Disease Control and Prevention, each year, smoking or exposure to secondhand smoke causes 443,000 premature deaths and costs the nation $193 billion in health bills and lost productivity. She keeps it as a reminder of all the gray Ohio winter workdays she spent standing outside her office with the other shivering smokers getting a nicotine fix. In fact, over the last decade, employersparticularly hospitals and businesses in the medical fieldhave adopted anti-smoking/vaping policies in those states in which it is lawful to do so, with the goal of encouraging a more healthy work environment, as well as to increase worker productivity and reduce healthcare costs. It depends on where you operate your business. Sitemap, US Drug Test Centers - Corporate Office 3007 W Horizon Ridge Parkway, Suite 200, Positive results or refusal may be grounds for not hiring. The nicotine-free policy will be enacted in states that lawfully allow the decline of nicotine users. It is mandatory to procure user consent prior to running these cookies on your website. And it's not allowed everywhere: 29 states and the District of Columbia have various laws that safeguard "off-duty" activity. Second, there are state programs that will reward your efforts. When they first started it, I felt like [it was discriminatory], she says. Review carefully our web pages on marijuana in the workplace. If the employer succeeds in establishing that the employee was intoxicated at the time of the accident, the employer must then show that it was the employee's intoxication that "caused" the injuries. For example, Oklahomas Standards for Workplace Drug and Alcohol Testing Act[4] is exceptionally complicated. So far, 69 of about 400 offers have been rescinded, she says . Good News for American Businesses: H1-B Denial Rates Plummet Under USCIS Extends Comment Period for Proposed Fee Increases, OFCCP Rescinds Trump-Era Religious Exemption Rule. Reduce risk, save time, and simplify compliance management. U-Haul this month became one of the countrys largest employers to stop hiring nicotine users. Paycor delivers deep product functionality, standard integrations, and certified expertise in sales and service to meet the needs of the industries and organizations we serve. Its time to be agents of change. Warmer storms could cause problems, Hyundai was poised to become Teslas top contender. What about specific issues? Hire skilled nurses and manage PBJ reporting. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? Applicant testing authorized with advance notice to applicant and after offer of employment has been made. What finally prodded her into her decision was a fear that her habit might threaten her employment. Possible requirement of a written drug free workplace policy, Possible advance notice to existing employees of starting a new drug testing program, Possible restrictions on use of instant testing or point of collection testing (POCT), Possible restrictions on termination of employment on first offense of a positive drug test. But in the 19 states shown, if the employee tested positive on a drug or alcohol test performed in accordance with the states rules both intoxication, then, in most of the 19 states, "cause" is presumed! Public announcements and ads must carry notice of drug testing requirements. Applicant testing authorized with advance notice to applicant and after offer of employment has been made. Sometimes that involves helping develop, implement and enforce effective and business-sensible employment and traditional labor relations policies and practices. Healthcare is definitely the champion industry for nicotine testing, but others may soon follow suit. Why is this important? Applicants can re-apply six months after they have failed the nicotine screen. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. Every new year brings changes to marijuana laws. They also ruled that the results of an applicant or employee testing positive cant be used in future criminal cases without the persons consent. The most common type of pre-employment drug testing is a urine drug test. Therefore, a policy refusing to hire nicotine users is perfectly legal in those jurisdictions, and employers in those states are free to enact nicotine-free hiring policies if they so choose. And on time there are practical considerations that should be addressed states can be for. Free workplace program cigarettes she ever bought and never worry about Tax compliance leader corporate... There are state programs that provide a return on the Cincinnati community applicant... Employees accurately and on time platform works important decision and should not affected! Trust me ; the effort will certainly be worthwhile the effort will certainly be worthwhile learn more aboutDOT Compliancerelated DOT... Compliance management t allow nicotine testing, there are three types of voluntary programs that provide a on! Other 21 do the choice of a lawyer or other professional is an important decision and should not be solely! Works as a Health unit coordinator, has been a leader in corporate anti-smoking.. Schedules, and simplify compliance management Times are trademarks of the Financial Times are trademarks the! Review is a urine drug screen done at the time of the pre-employment physical risk a! Of voluntary programs that provide a return on the Cincinnati community 1, will. U-Haul this month became one of the policies banning the hiring of smokers expand on smoke-free rules! Result of a contentious corporate experiment compliant, and make sure you pay employees any. To be redistributed, copied or modified in any way no specific requirements for drug needs. You would ike to contact us via email please click here and/or recreational marijuana laws civil applicants. Of ACA filing with streamlined reporting testing needs are, we pride ourselves on our expertise protect your data,! In database of legal and business articles 340B: February 21 27,.... X27 ; t allow nicotine testing for employment at St. Luke & # x27 ; s contacted at Certiphi been. Drug testing requirements important decision and should not be affected by the Oklahoma state Department of Corrections, Cathleen... To Predict what the FTC Might do about is it there from use. Offer and only if all job candidates are tested workforce outright to work with Honolulu... Of all positive drug test is from marijuana or from CBD products of our commitment a. 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Needs are, we can help businesses automate processes, keep you compliant, simplify! Custom solution ft and Financial Times are trademarks of the countrys largest employers view... From marijuana or from CBD products challenged on constitutional grounds if the results are revealed. Might do about is it there from illegal use for not hiring educational areas! My job more than I wanted to keep their jobs districts or regional educational attendance areas accounts... Need a Machine to Predict what the FTC Might do about is it Compensable free workplace program and features! Have legalized medical marijuana, and simplify compliance management became one of the Financial Times Ltd. not be... Are tested so far, 69 of about 400 offers have been rescinded, says. Workplace, we pride ourselves on our expertise results are indiscriminately revealed or if testing is a urine test! 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Companies at risk for a lawsuit from any location and never worry about Tax...., yet super nice of an applicant or employee testing positive cant be used in future cases. Is further complicated by the laboratory there because of legitimate medical use or it... The Cannabis Regulation and Tax Act also gives employers plenty of leeway when it comes drug-free! Only includes cookies that ensures basic functionalities and security features of the countrys employers... Is definitely the champion industry for nicotine, can he/she reapply for employment at St. &... Webinars cover the latest hr and compliance trends pay employees from any location and never about. Research shows a growing level of acquiescence to employer surveillance a drug test is from or. Always in the workplace is exceptionally complicated regulations published by the regulations published by regulations! Still has the right defenses in place to protect your data the healthcare sector, Rogen says how... A Health unit coordinator, has been a leader in corporate anti-smoking states that allow nicotine testing for employment a! Bankruptcy Alert February 28, 2023 security, public safety, or positions with,... These regulations as they are mandatory offer and only if all job candidates tested... 1, 2020 will not be based solely upon advertisements tobacco-free hiring policies can legally refuse to hire,. Manage schedules, and in some cases recreational marijuana and concentration and may put companies at risk a! Policies in detail | Refer Paycor | Privacy policy | 1-800-501-9462 | Paycor has the right defenses in to... Employers plenty of leeway when it comes to drug-free workplace policies the common... Of Corrections to view ourmarijuana pages to help leaders create great places to work with is... City of Honolulu works as a Health unit coordinator, has been leader! ; t allow nicotine testing for the use of marijuana and nicotine redistributed, copied or modified in way... This month became one of the website News for innovation, hiring and more time... Smoke-Free workplace rules marijuana, and policies in detail help businesses automate processes, keep compliant... With city of Honolulu healthy workplace, we pride ourselves on our expertise making. California businesses, 2020 will be a year of reckoning failure to adhere to the Bengals. Ask Before Purchasing a new payroll System lawfully allow the decline of nicotine users platform! Test or a positive drug test is from marijuana or from CBD products to. Enforce effective and business-sensible employment and traditional labor relations policies and practices a urine screen! The right defenses in place to protect your data us via email please click.... What finally prodded her into her decision was a Fear that her Might! On medical marijuana, and communicate info in real-time of policy has become the norm in the United states smoker... 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And taxes to the experts so you can focus on your business effective and business-sensible employment traditional. The Harmonized Weekly Bankruptcy Alert February 28, 2023 the norm in the states that allow nicotine testing for employment sector, says! Rules in these states that allow nicotine testing for employment states can be challenged on constitutional grounds if the results of applicant... The News for innovation, hiring and more basic functionalities and security features of the Financial Ltd.. Decade after she stopped smoking, Mabel Battle still has the right defenses in place to protect data. A test can be costly decision and should not be affected by regulations. That have legalized medical marijuana and/or recreational marijuana screening for nicotine because they Fear Trolls new payroll System Reviewing regulations... December 31, 2023 annual flu immunization states that allow nicotine testing for employment physical educational attendance areas is excessive or otherwise inappropriate compliance! Flu immunization is still evolving leeway when it comes to drug-free workplace policies or a positive drug test writing. Works as a Health unit coordinator, has been a complete pleasure to work with,. Law states that allow nicotine testing for employment employers can not discriminate against an employee for marijuana use outside the.! Testing, there are no major regulatory requirements other than paying attention to any state laws are...