As people flock to the office after a year and a half in Zoom exile, the growing ranks of recreational cannabis users may want to check their staff handbook before they set themselves alight.
Marijuana, which went from a controlled substance to a booming industry during the pandemic, can still lay you off.
Potentially outdated cannabis employment policies could turn a socially acceptable weekend pot party into a reason to quit. Since cannabis can be detected for up to 30 days in some tests, even flirting can have career consequences.
But with ongoing labor shortages and a profound shift in sentiment for marijuana use, it may be up to employers to keep up with the times.
"Employers need to look at and reassess this issue because they are unable to hire skilled workers in some positions," said Eric Berlin, attorney for the Chicago-based cannabis legal team at Dentons law firm. “People say it's legal, and I'd rather do it than want a beer. And that's why I'm just not going to work for you. "
Screening potential employees marijuana has long been a common practice, with a positive test result often precluding hiring a candidate. But as legalization picks up pace from state to state, it's harder to justify and create a potentially monumental cultural conflict when employees return to work, Berlin said.
The U.S. Senate is considering bill to essentially legalize marijuana at the federal level. The Cannabis Administration and Opportunity Act, introduced by the Senate Democrats on July 14, would remove marijuana from the Controlled Substances Act, recognize state law as a control of its use, and impose a federal excise tax of up to 25% on cannabis products, similar to the tax on cannabis Alcohol and tobacco are charged.
"If this law were passed, it would be like rocket fuel for industry," said Berlin. "Anything that allows for a smoother flow of capital into the industry will now have a huge impact."
In June, Dave Clark, CEO of Amazon's consumer business, announced that the online giant was changing its drug testing policy and would no longer ban people from working at Amazon if they tested positive for marijuana.
"We will no longer include marijuana in our comprehensive drug screening program for agencies that are not regulated by the Department of Transportation, but instead treat it the same as alcohol," said Clark. "We will continue to review workplace impairments and test for all drugs and alcohol after each incident."
Cannabis research firm Headset predicts that legal U.S. weed sales will exceed $ 30 billion in 2022.
"The idea that in the USA you can simply maintain zero tolerance tests even for non-safety-critical positions predicts that these days will fade," said Berlin.
The ongoing labor shortage can accelerate the process.
A quarterly survey published last week by the National Association for Business Economics found that 39% of companies had a labor shortage, with 28% of respondents expecting it to last into next year or beyond.