A recent survey finds that 10 percent of U.S. workers have gone to work while high on marijuana.

In addition, 3 percent of respondents say they’ve gone to work under the influence of a drug other than marijuana, and 28 percent under the influence of a prescription drug, according to the Mashable/SurveyMonkey survey of 534 Americans.

While these self-reported figures aren’t authoritative, they should give you pause. Does your company have a drug policy? What does it cover? And, importantly, does it comport with state laws?

Legalized Marijuana

With marijuana legal in Washington and Colorado, an interesting question emerges: What happens if an employee tests positive for THC, marijuana’s active ingredient?

Drug Testing

Generally, it’s OK to drug test potential employees. But once a person becomes an actual employee, the calculus changes.

Prescription Drugs

In the Mashable survey, 28 percent of employees reported having gone to work “under the influence” of a prescription drug. That’s a vague phrase, but on the outside, what can be done about it?

The moral of the story is that, if you want to be certain of a drug-free workplace, it’s best to test everyone when they apply, because at that point they really have no vested interest in their job (they can take another one). Once they’re employed, though, it can be perilous to conduct drug tests without a very good reason.

Related Resources:

  • Smoking Pot Can Still Get You Fired in Colorado (CNN Money)
  • Changing State Marijuana Laws and Employer Drug Testing Policies (Manufacturers Alliance for Productivity and Innovation)
  • Should Your Company Change Its Drug Testing Policy? (FindLaw’s In House)
  • 9th Circuit Court: Drug Tests Are Not Employment Discrimination (FindLaw’s U.S. Ninth Circuit Blog)

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