Should employers continue drug testing for marijuana as legalization spreads across many U.S. states? While
marijuana remains federally illegal, changing state laws are prompting employers to reconsider testing policies,
especially where off-duty use is protected. It outlines reasons to keep testing — such as safety, compliance, and
regulatory requirements — and reasons to stop — including legal ambiguity, equity concerns, and recruitment
challenges. Employers are encouraged to tailor policies to their industry and location.

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