Recruiting and Retaining Talent in Legal Marijuana States
How leading businesses are ensuring safety in recruiting and retaining marijuana using employees.
Navigating the Maze of Drug Testing and Worker Recruiting and Retention
With the ever increasing legalization of marijuana for recreational and medical use across the United States and other countries, businesses are confronting an extremely challenging issue: how to keep a workplace safe from impairment when employees are legally allowed to use marijuana.
This paradigm shift presents an obvious problem for the legacy chemical drug tests that employers have traditionally used. THC and its metabolites can persist in the body for a very long time after marijuana was last used - much longer than the impairment that is experienced. Therefore, relying on these tests commonly leads to disciplining or terminating employees who safely use marijuana on their personal time.
We routinely talk with prospective customers that are coming to us because they recently had to fire someone for having THC in their system, despite it being legal. This is a terrible outcome for both parties. The employee is losing their job, even when they didn’t do anything wrong, and the business is losing a good worker.
Some businesses have responded to this issue by dropping THC from their drug tests entirely. However, this clearly endangers the workplace since employees will then believe that they can use marijuana at work without consequences.
So, what is an employer to do?
Understanding Cannabis Use Trends
Before diving into testing strategies, it's crucial to acknowledge the changing landscape of cannabis use. The reality is that cannabis use is extremely common, and getting more so. Recent studies reveal a surprising reality:
In 2020, over 55 million Americans (~22%) reported using cannabis (source: CDC National Survey on Drug Use and Health)
A 2022 Gallup poll found that 68% of Americans support legalization for recreational use
Among Millennials, the number jumps to a staggering 83% (source: Pew Research Center)
These statistics paint a clear picture: cannabis use is becoming increasingly normalized, particularly among younger generations who are entering the workforce. Businesses in turn must respond with rational and science-backed strategies to welcome these workers and keep their place of business safe.
The Shortcomings of Chemical Drug Tests and Worker Privacy
Traditional drug tests, which detect either active THC (the psychoactive component of cannabis) or metabolites of THC , have a major drawback: they cannot discern current impairment. These tests can reveal past use for days, weeks, even months, after the effects have worn off (depending on the test). This raises serious concerns:
Hiring and Retention Challenges: Hiring and retaining good talent is one of the most important jobs of any business manager or owner. Punitive practices that eliminate at least 22% of the available workforce are a bad idea in today’s labor market. Further, losing good employees to chemical drug tests that don’t provide useful information is extremely expensive, not to mention a hit to morale.
Discrimination: Punishing individuals for off-duty activities unrelated to job performance undermines employee privacy and discriminates against those who use cannabis safely and legally.
Limited effectiveness: Depending on the test, even negative test results don't guarantee current sobriety, while positive results do not reflect current impairment. This creates a false sense of security or unfair consequences for non-intoxicated individuals.
Shifting Focus: The Importance of Impairment Testing
Instead of relying solely on outdated chemical tests, employers should consider impairment testing. These tests directly assess current impairment, providing a more accurate picture of whether an individual is fit for duty.
There are broadly two types of impairment detection technology:
| Types of Impairment Detection Technology | Description | Examples of Tests |
|---|---|---|
| Performance-based | Measures a worker's cognitive and psychomotor performance. | Reaction time tests, balance tests, attention tests, memory tests, and decision-making tests. |
| Physiological | Measures physiological changes in the body that are associated with drug impairment. | Eye tracking tests, heart rate tests, pupil dilation tests, blood pressure tests, and skin conductance tests. |
Recruiting and Retaining Workers in Marijuana Legal States
The reality facing thousands of businesses today is the need to balance risk and workplace safety while meeting the staffing needs of their organization. This is no easy task, and it’s demanding that employers drop their old ways of thinking to accommodate today’s workforce.
Implementing impairment testing alongside clear company policies ensures workplace safety while respecting employee privacy and attracting talent, regardless of their personal choices outside of work. Here are some additional strategies for navigating this sensitive balance:
Develop and adhere to comprehensive drug and alcohol policies: Clearly outline expectations regarding impairment at work, acceptable off-duty behavior, and consequences for violation. Apply these policies consistently and fairly across the organization.
Educate employees: Provide information about marijuana’s effects, testing methods that the company will use, and company policies regarding impairment to foster understanding and compliance.
Offer support resources: Establish programs to help employees struggling with substance abuse, demonstrating care and promoting a positive work environment.
Embracing the Future: A New Era for Talent Acquisition and Retention
By acknowledging the changing landscape of marijuana use, recognizing the limitations of traditional testing, and embracing impairment testing as a more accurate measure of safety, companies can create a work environment that attracts and retains top talent. Employees are demanding that employers respect their right to use marijuana in places where it’s legal, and leading employers are listening. This forward-thinking approach fosters mutual respect, workplace safety, and higher morale ultimately contributing to a productive and responsible company.
The rewards for companies that can move to hire and retain marijuana using employees can be significant though. Simply implementing impairment detection technology to keep a workplace safe can allow a business to access to a 22% (or more in some places) larger pool of talent than companies that have a zero tolerance policy for THC. In a tight labor market, these are the sorts of innovations that are allowing leading companies to get ahead and stay ahead.
