[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-298332-105":3,"detail-sidebar-cat-0-en-105":81,"doc-detail-298332-en":130},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","positive-marijuana-test-no-problem-brent-t-johnson","Positive Marijuana Test - No Problem? - Brent T. Johnson","","Positive marijuana tests among job applicants are becoming more common, creating hiring and compliance dilemmas for automobile and other employers. The discussion weighs whether employers should test for marijuana and whether a positive result should automatically disqualify candidates, considering evolving state laws on medical and recreational use, the limitations of test timing, and safety-sensitive positions. It outlines legal and practical approaches, including written testing policies and follow-up evaluation when results are positive.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/healthcare/","Healthcare",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/document/positive-marijuana-test-no-problem-brent-t-johnson/298332/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/positive-marijuana-test-no-problem-brent-t-johnson/298332.png","ImageObject",300,407,{"name":42,"@type":43},"Bintang","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-10-22","2026-09-18",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",7,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69],{"name":60,"@type":61,"acceptedAnswer":62},"Why are employers facing more difficulties with marijuana drug tests during hiring?","Question",{"text":63,"@type":64},"More applicants are testing positive for marijuana, and employers report challenges filling positions when rejected. Even requiring a drug test can discourage otherwise qualified candidates from applying.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"What limitation makes a positive marijuana test a weak indicator of impairment at the time of testing?",{"text":68,"@type":64},"A person may test positive many days or even weeks after last use, so a positive result does not reliably show current influence. Usage may be occasional, including weekends.",{"name":70,"@type":61,"acceptedAnswer":71},"How can employers handle positive marijuana test results when marijuana use may be legally permitted?",{"text":72,"@type":64},"Employers may consider either foregoing marijuana testing or testing all drugs while still evaluating applicants with positive marijuana results for employment if legally permissible. A written policy, follow-up discussions, and consistent inclusion of marijuana in tests can support fair and legally aligned decisions.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},298332,1790199005,{"code":4,"msg":82,"data":83},"success",[84,88,92,96,101,106,109,114,119,122,126],{"id":22,"doc_module":4,"doc_module_name":25,"category_name":85,"show_sort_weight":86,"slug":87},"Story & Novel",90,"story-novel",{"id":26,"doc_module":4,"doc_module_name":25,"category_name":89,"show_sort_weight":90,"slug":91},"Literature",80,"literature",{"id":33,"doc_module":4,"doc_module_name":25,"category_name":93,"show_sort_weight":94,"slug":95},"Exam",70,"exam",{"id":97,"doc_module":4,"doc_module_name":25,"category_name":98,"show_sort_weight":99,"slug":100},5,"Comic",60,"comic",{"id":102,"doc_module":4,"doc_module_name":25,"category_name":103,"show_sort_weight":104,"slug":105},6,"Technology",50,"technology",{"id":55,"doc_module":4,"doc_module_name":25,"category_name":29,"show_sort_weight":107,"slug":108},40,"healthcare",{"id":110,"doc_module":4,"doc_module_name":25,"category_name":111,"show_sort_weight":112,"slug":113},8,"Research & Report",30,"research-report",{"id":115,"doc_module":4,"doc_module_name":25,"category_name":116,"show_sort_weight":117,"slug":118},9,"Religion & Spirituality",20,"religion-spirituality",{"id":117,"doc_module":4,"doc_module_name":25,"category_name":120,"show_sort_weight":117,"slug":121},"World Cup","world-cup",{"id":123,"doc_module":4,"doc_module_name":25,"category_name":124,"show_sort_weight":123,"slug":125},10,"Lifestyle","lifestyle",{"id":127,"doc_module":4,"doc_module_name":25,"category_name":128,"show_sort_weight":97,"slug":129},19,"General","general",{"code":4,"msg":82,"data":131},{"doc_id":79,"user_id":132,"nickname":42,"user_avatar":133,"doc_module":4,"category_id":55,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":26,"language":139,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":12,"update_tm":143,"read_time":97},962085564381,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","NADC • 1800 M Street, NW, Suite 400 South • Washington, DC 20036 • Phone: 202-293-1454 • Fax: 202-530-0659 • [www.dealercounsel.com](www.dealercounsel.com)  \nThe National Association of Dealer Counsel (NADC) is a nationwide professional organization of attorneys who represent automobile and [other vehicle dealers. For more information please visit www.dealercounsel.com](other vehicle dealers. For more information please visit www.dealercounsel.com).  \nReprint from DEFENDER, November/December 2016.  \nPositive Marijuana Test: No Problem?  \nBrent T. Johnson  \nFairfield and Woods, P. C.  \nAuto dealers and other employers who require job applicants to pass a drug screen test are finding that increasing numbers test positive for marijuana, sometimes making it difficult to fill open positions if those applicants are rejected. This causes some employers to question whether they should test for marijuana use or, if they do, whether a positive marijuana test result should automatically disqualify the applicant. Several practical and legal issues should be considered in answering those questions.  \nAfter votes on ballot measures in November 2016, there will soon be a total of twenty-nine states and the District of Columbia that allow medical marijuana and eight states and the District of Columbia that allow recreational marijuana.1 Public acceptance of legal marijuana is growing, and increased access tends to result in increased use.2 A national study found that in 2014, 32% of persons in the 18-25 age group had used marijuana within the past year.3 Increasing drug use has led to employers struggling to find applicants who can pass a drug test, particularly as the unemployment rate drops.4 Even announcing that a drug test is required can cause otherwise qualified applicants to choose not to apply. Or ifa job offer is extended conditioned upon passing a drug test, the applicant might not bother to show up for the test. At some point employers may find that the negative impact of drug testing outweighs any benefits.  \nOne option would be to cease drug-testing altogether. There are reasons, however, to continue drug-testing but make some exceptions for marijuana. First, more addictive drugs, such as heroin or meth, pose a greater risk of workplace injury, employee theft or embezzlement, and absenteeism. Second, marijuana is increasingly becoming legal under the laws of many states, and employers may deem that an important distinction. Employers should check the law of their particular states to determine whether medical marijuana use might be protected from adverse employment action.  \nEmployers should also consider the limitations of marijuana testing.  \nAn individual may test positive many days or even weeks after the last use of marijuana, so a positive test is not a reliable indicator that the individual is under the influence at the time of the test.5 The individual might only use it occasionally or on weekends.  \nGiven these differences between marijuana and other drugs, some employers may consider treating marijuana differently if legally permissible. On that point, there are some safety-sensitive jobs where an employer is precluded from hiring/employing someone who tests positive for marijuana, for example, drivers and others subject to Department of Transportation regulations.6 The author is not aware of any other federal law that might require employers to conduct drug tests on all applicants, to test for marijuana, or to reject applicants who test positive for marijuana. The Drug-Free Workplace Act does not require marijuana testing nor preclude employing someone who tests positive, even as to the limited category of employers subject to that Act.7 Each state’s laws on this subject may vary, so an employer should consult an attorney in its own state for guidance as to state law. Employment contexts in which drug testing is not required and employing someone who tests positive for marijuana is not prohibited, an employer willing t","cbCaiccZA2DVJmi3","https://ap.wps.com/l/cbCaiccZA2DVJmi3","pdf",657823,"English","# Positive Marijuana Test: No Problem?\n## Impact on hiring and employer concerns\n## State legal landscape and policy considerations\n## Limits of marijuana test results\n## Safety-sensitive roles and federal constraints\n## Policy options for handling positive results\n## Follow-up discussion and workplace safeguards","[{\"question\":\"Why are employers facing more difficulties with marijuana drug tests during hiring?\",\"answer\":\"More applicants are testing positive for marijuana, and employers report challenges filling positions when rejected. Even requiring a drug test can discourage otherwise qualified candidates from applying.\"},{\"question\":\"What limitation makes a positive marijuana test a weak indicator of impairment at the time of testing?\",\"answer\":\"A person may test positive many days or even weeks after last use, so a positive result does not reliably show current influence. Usage may be occasional, including weekends.\"},{\"question\":\"How can employers handle positive marijuana test results when marijuana use may be legally permitted?\",\"answer\":\"Employers may consider either foregoing marijuana testing or testing all drugs while still evaluating applicants with positive marijuana results for employment if legally permissible. A written policy, follow-up discussions, and consistent inclusion of marijuana in tests can support fair and legally aligned decisions.\"}]","Positive Marijuana Test - No Problem? - Brent T. Johnson | PDF",1789754885]