Can an employee test positive for marijuana from second hand smoke?

Depending on industry requirements, employers can choose to screen for alcohol in their drug testing panel. Alcohol use can be detected in a urinalysis between 12-48 hours after consuming.

Drug and alcohol testing helps identify alcohol and both prescription and illegal drugs in an individual’s body. Drug and alcohol testing is a common practice for employers for pre-employment, as well as random, reasonable suspicion, post-accident, return-to-duty, follow-up drug testing, etc. Drug and alcohol testing can be conducted through a variety of testing methodologies, including oral-fluid, urinalysis, and hair, each offering a different window of detection which is especially beneficial when combined with two or more testing methodologies.

Medical marijuana laws vary by state and it’s important that employers address the specific laws that pertain to their company and employees when creating a drug testing policy. Each state has its own system of medical marijuana laws, which may or may not include bills that provide explicit employment protections. For example, in California, legislation allows employers the right to terminate an employee who tests positive for marijuana, even if they hold a medical marijuana card. For example: Imagine you have an employee who lives in Arizona but works in California, and the employee has a medical marijuana card in which they use in private. Arizona protects employees from discrimination while holding a medical marijuana card, but in California, an employer may fire employees who test positive for marijuana, even if the use was off-duty and for a medical condition with a valid medical marijuana card. To avoid litigation in this scenario, it would be advisable to treat this employee based on Arizona laws.

It is pertinent for you, as an employer, to have a policy in place for when this occurs and to follow each states' medical marijuana laws accordingly.