Employers in states that have legalized marijuana may want to consider changing their drug policy from a zero-tolerance standard to a no-impairment standard, and eliminating random drug testing as a result of state laws legalizing medical marijuana.

Presently, 23 states, the District of Columbia and Guam permit the use of marijuana for medical purposes. As more states move to legalize medical marijuana (and even the use of recreational marijuana), employers in those states are often confused about their legal obligations to those employees who use medical marijuana. Confusion is understandable given that the laws are unclear and still changing, and that there is little guidance from federal and state administrative agencies, leaving many questions unanswered.

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