Navigating State Marijuana Laws Can Be a Hazy Issue

A growing number of states and municipalities have introduced medical and recreational laws for marijuana use, with some jurisdictions now regulating an employer’s ability to test for marijuana while providing protections for users. With these laws evolving across the country, credit unions operating across multiple jurisdictions may be neglecting the need to review existing drug testing and substance abuse policies. This is particularly relevant for credit unions that employ “safety-sensitive” positions.

While generally defined as a position that involves some aspect of a heightened danger that requires an employee's full and unimpaired skills and judgment, "safety-sensitive" varies by state, and not all states have such exemptions.

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