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Keeping up with Workplace Drug Testing

Trudging through the cannabis abyss

With new state and local laws regulating the use of formerly banned drugs, employers must pay careful attention to their drug testing policies or risk costly fines and penalties.

Testing regulations vary state by state, city by city
Drug testing of job applicants and current employees are governed by state and local laws, with the exception of a handful of federally regulated fields, such as the transportation and nuclear industries.

Across the nation, the law regarding employer-mandated drug testing varies widely from one state to another and sometimes even within the boundaries of a state itself. For instance, the cities of Boulder, Colorado and San Francisco have more restrictive drug testing policies than those required by their state’s laws. While other states do not have laws that expressly address drug testing, their courts have interpreted the state constitution or state anti-discrimination laws to prohibit or restrict drug tests in various situations. To further complicate matters, not all drugs are treated the same, especially as an increasing number of state and local governments are legalizing marijuana for medicinal or recreational use.

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