Navigating Marijuana Laws in Employment Screening

Trevor Kruer • May 6, 2025

What Employers Need to Know in a Shifting Legal Landscape

As marijuana laws continue to evolve at the state and federal levels, employers face increasing complexity when it comes to employment screening policies. With some states legalizing recreational use, others maintaining strict prohibitions, and federal law still classifying marijuana as a Schedule I drug, it's critical for businesses to stay informed and compliant—especially when conducting background checks or drug screening.

At VeriCorp, we help employers navigate these gray areas with clarity and compliance. Here's what you need to know.

🌿 The Legal Landscape: State vs. Federal
Over 35 states have legalized medical marijuana, and nearly half now allow recreational use. However, marijuana remains illegal under federal law—and this disconnect creates challenges, particularly for employers operating across multiple states.

Key points:
  • In some states, employers cannot take adverse action based solely on off-duty marijuana use.
  • In others, employers retain the right to test and take action based on company policy or federal regulations (especially in safety-sensitive roles).
Understanding your state-specific laws is essential to avoid lawsuits and regulatory risks.

🛑 Can Employers Still Drug Test for Marijuana?
Yes—but with important caveats.

Many states still allow employers to test for marijuana, but several have restricted the ways in which test results can be used. For example:
  • New York, New Jersey, and Connecticut prohibit employers from testing for cannabis unless the employee is in a safety-sensitive position.
  • California's 2024 update (AB 2188) prohibits employers from discriminating against off-duty marijuana use that doesn't impair performance at work.
If you operate in one of these states, blanket zero-tolerance policies may expose you to legal challenges.

⚠️ What This Means for Background Checks
When reviewing criminal records during background checks, employers must also consider how marijuana-related offenses are treated:
  • Some states have decriminalized or expunged past marijuana convictions.
  • Denying employment based on a decriminalized offense could lead to disparate impact claims or violations of fair chance hiring laws.
Employers should ensure their screening criteria are up to date and account for recent state-level marijuana reforms.

🛠️ Best Practices for Employers
To adapt to changing laws and maintain compliant screening practices, consider the following steps:
  1. Know your state laws: Tailor policies to each jurisdiction where you operate.
  2. Review and revise your drug testing policy: Align it with current legislation and your organizational values.
  3. Document job-related justifications: If testing is required, ensure it is clearly tied to safety-sensitive responsibilities.
  4. Train HR and hiring managers: Educate your team on how to interpret marijuana-related records fairly and legally.
  5. Use individualized assessments: Evaluate each candidate’s history and role requirements on a case-by-case basis.

✅ How VeriCorp Can Help
At VeriCorp, we stay ahead of legal developments and provide customized screening packages that reflect your industry, job roles, and state laws. Whether you're in a regulated industry like healthcare, transportation, or manufacturing—or simply want to reduce legal risk—our team ensures your screening process is accurate, compliant, and fair.

We also offer guidance on:
  • Drug screening policies and testing types
  • Adverse action compliance under the Fair Credit Reporting Act (FCRA)
  • State-specific considerations for marijuana use and criminal history

📌 Final Thoughts
The intersection of marijuana laws and employment screening is one of the most rapidly evolving areas in HR and compliance. By proactively updating your policies and partnering with a knowledgeable background screening provider like VeriCorp, you can protect your business while respecting the rights of your candidates and employees.

Need help evaluating your current drug testing or background screening policy?
Let’s talk. Contact VeriCorp for a policy review or consultation today.