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National News

Workplace Drug Testing And Marijuana Legalization In Washington State And Colorado

December 01, 2012 posted by Steve Brownstein

Employers in Washington State and Colorado have raised questions about how the recent legalization of recreational marijuana in those states will impact their right to test workers for drugs.

Some universities and other organizations have already issued statements saying that they have no intention of changing their drug testing policies.

However, other organizations are consulting lawyers to determine how best to proceed.

There is nothing in the new state laws preventing drug testing, and the Colorado law specifically states that it is not intended to "require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.”

Legal experts say that a company's first concern under the new laws should be employee conduct.

The new laws will not protect any employee who appears under the influence at work.