# Have any large companies stopped testing for marijuana?

**URL:** <https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978>\
**Category:** Factual Questions\
**Created:** [May 15, 2019, 12:50am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978 "2019-05-15T00:50:08Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [May 15, 2019, 12:50am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/1 "2019-05-15T00:50:08Z")

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With the increasing legalisation and social acceptability of marijuana, have any major companies announced that they’re not going to care if someone tests positive for marijuana, just as most companies don’t care about alcohol. I’m referring to the pre employment drug screen rather than a drug test given as the result of an accident.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [May 15, 2019, 1:01am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/2 "2019-05-15T01:01:49Z")

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Maybe some, but only for job applicants who live in Colorado?

I think a pharmaceutical exemption would work any place medical marijuana is legal.

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [May 15, 2019, 1:45am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/3 "2019-05-15T01:45:20Z")

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I’d be surprised if any have done so. If they do it now, it’s because they have a government contract which requires it. Those haven’t changed, since the federal government has not legalized it. So the only way they’d stop testing is if they lost all their government contracts and don’t plan on any in the future.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [May 15, 2019, 2:48am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/4 "2019-05-15T02:48:13Z")

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The company I work for still tests for it and will fire you if you test positive. They have, however, stopped doing random tests and most post-accident tests, presumably because of how many people they were having to fire.

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [May 15, 2019, 2:51am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/5 "2019-05-15T02:51:22Z")

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Son-of-a-wrek said his company put out a big notice that Weed use was still against their policy. The first Medical marijuana went on sale in Arkansas this past weekend.

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**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\
**Post date:** [May 15, 2019, 4:50am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/6 "2019-05-15T04:50:15Z")

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My company still tests for it in pre-employment screening & random drug screens after being hired. I believe it’s because we drive company cars & it effects insurance rates.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [May 15, 2019, 4:56am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/7 "2019-05-15T04:56:06Z")

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My company has never tested for pot. I don’t expect them to start now.

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**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\
**Post date:** [May 15, 2019, 5:01am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/8 "2019-05-15T05:01:50Z")

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Not stopped drug testing, otherwise they would not be in compliance with the Drug Free Workplace act of 1988 which is required to do business with any part of the federal government. An employer must have a drug free workplace plan in place.

But I am aware of several large employers in my area that have switched from urine testing, which may show a positive for pot up to 30 days, and have moved to mouth swabs which can test clean in only a few days.

Mouth swabs will more accurately indicate whether you are currently under the influence or have very recently smoked.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [May 15, 2019, 5:04am UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/9 "2019-05-15T05:04:02Z")

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> [@puzzlegal](#):
>
> My company has never tested for pot. I don’t expect them to start now.

My company doesn’t either and it’s a large publicly traded company. The background check is extensive enough that I assume they don’t want to lose any more potential employees, especially since we hire a lot of new grads.

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**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\
**Post date:** [May 15, 2019, 3:34pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/10 "2019-05-15T15:34:59Z")

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Some companies have, some have not. In states with medical marijuana, some will honor your prescription/recommendation and not fire you for testing positive for pot; others will not. Some states (I believe) provide protection for employees against being fired for testing positive for pot, but most have not.

Not for nothing, I read an article a while back that one HR guy in Missouri said that he can’t hire for third shift if he tests for pot, even though his company “requires” pre-employment drug testing. He said no applicants would pass.

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**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\
**Post date:** [May 15, 2019, 6:15pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/11 "2019-05-15T18:15:10Z")

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CDL holders (commercial drivers license) are still subject to periodic random drug tests by law, and that isn’t going to change. Small company and independent drivers are put into a larger pool so the odds of getting picked are slim. But possible.

But other than that, random drug tests in my legal state have quietly gone by the way side. Oh sure, they technically still could do randoms if they felt a need. It is in the employment agreement that I signed all those years ago. Like if they felt the need to fire a third or more of their work force, including high level managers. “For cause” testing means that you came to work obviously fucked up and should have just called in sick.

After a few more states allow medical, and recreational, there will be more pressure on a Federal level to amend Nancy Reagan’s Drug Free Workplace Act of 1988. Until then, in my experience working for a federal government contractor, companies are finding ways to follow the letter of the law without following the intent. To look the other way as much as possible while maintaining a “drug free workplace”. The requirements of the Act are very non-specific as to what you must do, other than have a program in place.

If you know that you have a job interview coming up in three days, and you can’t quit smoking pot for those three days or so in order to pass a mouth swab test, well, then you probably have other issues too.

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**Author:** ![Snarky\_Kong](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@Snarky\_Kong](https://boards.straightdope.com/u/Snarky_Kong)\
**Post date:** [May 15, 2019, 6:22pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/12 "2019-05-15T18:22:17Z")

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My large company doesn’t test. I don’t smoke pot, but I’d be incredibly turned off by the culture of any company that had mandatory drug testing. Is that actually the majority of companies? I would be surprised.

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**Author:** ![mikecurtis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikecurtis/32/3284_2.png) [@mikecurtis](https://boards.straightdope.com/u/mikecurtis)\
**Post date:** [May 15, 2019, 7:07pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/13 "2019-05-15T19:07:27Z")

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> [@Dallas\_Jones](#):
>
> Not stopped drug testing, otherwise they would not be in compliance with the Drug Free Workplace act of 1988 which is required to do business with any part of the federal government. An employer must have a drug free workplace plan in place.
> 
> But I am aware of several large employers in my area that have switched from urine testing, which may show a positive for pot up to 30 days, and have moved to mouth swabs which can test clean in only a few days.
> 
> Mouth swabs will more accurately indicate whether you are currently under the influence or have very recently smoked.

[The Drug Free Workplace Act](https://webapps.dol.gov/elaws/asp/drugfree/require.htm) does _ **not** _ require drug testing.

> [@](#):
>
> All organizations covered by the Drug-Free Workplace Act of 1988 are required to provide a drug-free workplace by taking the following steps:
> 
> ```
> Publish and give a policy statement to all covered employees informing them that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policy.
> 
> Establish a drug-free awareness program to make employees aware of a) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug-free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug abuse violations.
> 
> Notify employees that as a condition of employment on a Federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within five calendar days, if he or she is convicted of a criminal drug violation in the workplace.
> 
> Notify the contracting or granting agency within 10 days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplace.
> 
> Impose a penalty on—or require satisfactory participation in a drug abuse assistance or rehabilitation program by—any employee who is convicted of a reportable workplace drug conviction.
> 
> Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the Act.
> 
> ```
> 
> Note: A contractor or grantee who fails to comply with these requirements is subject to certain penalties.

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**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\
**Post date:** [May 15, 2019, 8:14pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/14 "2019-05-15T20:14:33Z")

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From the experience of an acquaintance, some companies here in Minnesota really don’t care and try to hire qualified people despite the law.

A friend applied at a large construction company, which really wanted to hire him, because of his past experience. But he smoked marijuana, dealing with TBI issues, and told them that this would show up in their drug tests. The hiring manager asked if he had a medical marijuana certificate (at the time, Minnesota didn’t have that) – he said that if the applicant had one, even if from another state and even if expired, then he could ignore the test results on marijuana and hire him (if the test was otherwise clean). The manager even suggested that he take a vacation to California – there are doctors out there who will write you a certificate easily – then bring that back here and we’ll hire you.

So that company really didn’t care, if marijuana was the only drug used.

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**Author:** ![Red\_Wiggler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/red_wiggler/32/13190_2.png) [@Red\_Wiggler](https://boards.straightdope.com/u/Red_Wiggler)\
**Post date:** [May 15, 2019, 8:33pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/15 "2019-05-15T20:33:33Z")

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> [@Snarky\_Kong](#):
>
> My large company doesn’t test. I don’t smoke pot, but I’d be incredibly turned off by the culture of any company that had mandatory drug testing. Is that actually the majority of companies? I would be surprised.

I’m 65 and have never been drug tested for employment, either. Currently I work at a small university in Maryland and I didn’t see any requirements on any of our few job postings (none of which were drivers, which might make a difference). I’ll have to ask a friend in HR about this.

Previously I worked in retail floorcovering, where drug testing was a waste of company resources.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [May 15, 2019, 9:27pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/16 "2019-05-15T21:27:21Z")

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I think it’s regional. In the Midwest, drug testing is common. It’s much less common in the Northeast.

I had to get a drug test for a job once. I wasn’t worked about failing it, but I was pretty upset that it was required. If I’d known that before giving notice at my prior employer, I might not have accepted the job. (Yes, they sprung it on me at the last minute.)

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**Author:** ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)\
**Post date:** [May 16, 2019, 3:47pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/17 "2019-05-16T15:47:50Z")

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> [@mikecurtis](#):
>
> [The Drug Free Workplace Act](https://webapps.dol.gov/elaws/asp/drugfree/require.htm) does _ **not** _ require drug testing.

Interesting. Yet every company I have ever been associated with, all of which do defense contracting, test new hires for drug use. I don’t know if they all cite a federal requirement, but all assume a federal requirement. Perhaps it is just considered a safe thing to do given the requirement for an ongoing good-faith effort. Certainly enough companies outside the defense realm require it that there are several free-standing labs in our town offering drug screening.

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**Author:** ![MrFloppy](https://avatars.discourse-cdn.com/v4/letter/m/43a26b/32.png) [@MrFloppy](https://boards.straightdope.com/u/MrFloppy)\
**Post date:** [May 16, 2019, 5:10pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/18 "2019-05-16T17:10:23Z")

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Fortune 100 here, oh alright…Honeywell. I was tested as part of the job application process only. We are tested annually for tobacco because of a health insurance surcharge for smokers, but no drug testing, random or otherwise ever takes place after the hire.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [May 16, 2019, 5:33pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/19 "2019-05-16T17:33:38Z")

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> [@puzzlegal](#):
>
> I had to get a drug test for a job once. I wasn’t worked about failing it, but I was pretty upset that it was required. If I’d known that before giving notice at my prior employer, I might not have accepted the job. (Yes, they sprung it on me at the last minute.)

My second day on the job I found out that due to the company having a government contract, I’d have to be drug tested. I walked out and refused to answer my phone for 6 hours. I eventually spoke with the director and told him I would have never taken the job had I known. He apologized and offered a work-around. If I could take one test, on a date that I chose, he would see to it that I was never “randomly” chosen for another.

I picked a date 5 weeks away and passed with flying colors. I never got picked for a “random” test (so much for random, huh).

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**Author:** ![mikecurtis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikecurtis/32/3284_2.png) [@mikecurtis](https://boards.straightdope.com/u/mikecurtis)\
**Post date:** [May 16, 2019, 5:37pm UTC](https://boards.straightdope.com/t/have-any-large-companies-stopped-testing-for-marijuana/833978/20 "2019-05-16T17:37:32Z")

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> [@rbroome](#):
>
> Interesting. Yet every company I have ever been associated with, all of which do defense contracting, test new hires for drug use. I don’t know if they all cite a federal requirement, but all assume a federal requirement. Perhaps it is just considered a safe thing to do given the requirement for an ongoing good-faith effort. Certainly enough companies outside the defense realm require it that there are several free-standing labs in our town offering drug screening.

It is confusing.  
While the Federal Govt, as a whole, does not _require_ drug testing, they also do not prohibit it. And several departments [DO require](https://www.samhsa.gov/workplace/legal/federal-laws/safety-security-sensitive) testing as part of their own practices

> [@](#):
>
> Employers and employees in such industries are subject to drug-testing requirements from the Department of Transportation (DOT), Department of Defense (DOD), and Nuclear Regulatory Commission (NRC).
> 
> Under Executive Order 12564, all federal employees involved in “law enforcement, national security, the protection of life and property, public health or safety, or other functions requiring a high degree of public trust” are subject to mandatory drug testing.

And the federal govt has a very explicit set of guidelines that define what an acceptable drug test entails ([very long PDF](https://www.samhsa.gov/sites/default/files/workplace/frn_vol_82_7920_.pdf)). So I can imagine that any company that does business with the govt is gonna drug test just to be on the safe side.

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