The growing legalization of marijuana has created new questions for hiring managers and employers. We simplifie the process, provides clarity, and helps employers navigate these challenges while maintaining a safe and productive workplace.
Running a background check on employees has become more complicated thanks to more and more states and cities legalizing cannabis for medicinal and recreational use. Employers and hiring managers must now contend with questions like whether they must accommodate medical marijuana users under the Americans with Disabilities Act, how the new laws will impact criminal background checks, and which laws to follow for remote employees.
As a nationwide background check provider, we have the resources and expertise to help employers stay legally compliant while maintaining our typical best practices. The following are some quick answers to get started.
First, the Americans with Disabilities Act does not currently offer protections for medical marijuana use. However, some state disability discrimination laws do protect these users. Thus, employers must be aware of what their location situation is and how to operate in complete compliance.
Next, some areas have decriminalized marijuana possession or deescalated the severity of the crime, which has major repercussions for countless individuals and their job prospects. A felony possession charge that might’ve once taken a candidate out of the running for a position automatically may now only be a misdemeanor, for example. To further complicate matters, many areas have also adopted “Ban the Box” laws that limit how much an employer may ask candidates about their criminal history. Hiring managers must stay up to date on their local situations to ensure they do not run afoul of anti-discrimination measures.
Finally, remote work has become more common than ever, which raises questions about which local legislation takes priority and when. Hiring processes must consider all the relevant laws and follow them when the situation demands it.
