Debunking the “Big Lie”

By Jessica Polk, Current Consulting Group

Debunking the “Big Lie” of Workplace Drug Testing in 2024 

In the late 1980s, a series of Public Service Announcements (PSAs) famously dubbed cocaine the “Big Lie.” The campaign was designed to counter the widespread disinformation surrounding the drug—myths like it wasn’t addictive, it made users more productive, and everyone was using it. The goal was clear: to help people see through the lies and understand the dangers of cocaine use. 

Fast forward to 2024, and we’re facing a similar problem in the realm of workplace drug testing and marijuana use. As marijuana continues to be legalized across the United States, myths and misconceptions about its effects on employees and the role of drug testing in the workplace are just as prevalent. Employers and drug testing providers alike are now tasked with sifting through the disinformation to make informed decisions about policies that protect both their workforce and their bottom line. 

So, what’s the truth? How should employers approach drug testing in this new legal landscape? Let’s separate fact from fiction and explore how to navigate the evolving world of workplace drug testing. 

The Current State of Legal Marijuana and Workplace Drug Testing 

The legalization of marijuana has been sweeping across the United States, with many states legalizing the drug for medical or recreational use. As of 2024, over 20 states have fully legalized marijuana, and more are expected to follow suit. However, the legal status of marijuana doesn’t change the fact that many employers still need to maintain drug-free workplaces, particularly in industries where safety is a concern. 

For employers, the question isn’t whether they should drug test, but how to test in a world where marijuana is legal in certain states. Marijuana can stay in a person’s system for days or even weeks, yet its effects on an employee’s performance may be short-lived. That discrepancy creates confusion for employers—if an employee tests positive for marijuana, does it mean they are impaired, or is it just a sign that they used it days ago? 

This uncertainty is compounded by the fact that workplace drug testing remains a vital tool for ensuring safety and compliance, particularly in safety-sensitive industries like construction, transportation, and manufacturing. But as marijuana laws evolve, so must the approach to drug testing. 

For example, oral fluid testing has a much shorter window of detection compared to other testing methods. Also, drugs become detectable in oral fluid within minutes after usage verse several hours for urine and several days for hair. Where employers are concerned about detecting recent drug use for a shorter period of time, oral fluid testing is a viable option. 

Myths and Misconceptions About Workplace Drug Testing and Legal Marijuana 

As marijuana legalization gains momentum, there are several myths circulating about its role in the workplace, many of which can lead to confusion or poor decision-making. Let’s address the most common myths: 

Myth #1: “Marijuana use doesn’t impact job performance.” 

One of the most widespread myths about marijuana is that it has no negative effects on performance in the workplace. While some may argue that marijuana can help with creativity or reduce anxiety, the truth is that marijuana can impair cognitive and motor functions—particularly in the short-term. Research consistently shows that marijuana impairs short-term memory, coordination, and the ability to perform tasks requiring concentration or fine motor skills. For example, a study by Grant et al. (2012) found that marijuana use is associated with impairments in cognitive function, especially in tasks requiring sustained attention and working memory. 

For employers, this means that allowing employees to use marijuana, even in states where it is legal, can pose serious risks, especially in roles that require high levels of focus or involve operating heavy machinery. 

Myth #2: “Drug testing is an outdated and unnecessary practice in the age of legal marijuana.” 

Some employers may believe that because marijuana is legal in their state, drug testing is no longer necessary. This misconception can have serious negative consequences. Even in states where marijuana is legal, employers are still within their rights to maintain drug-free workplaces, especially in industries that prioritize safety or require compliance with federal regulations. 

For example, some federal regulations such as those of the U.S. Department of Transportation require covered employers to conduct drug testing and to test for marijuana. Additionally, some state laws either encourage drug testing by offering employers financial incentives or require employers in designated industries to conduct drug testing. 

Myth #3: “Drug testing providers can easily determine if someone is impaired at the time of the test.” 

One of the more frustrating myths for employers is the belief that drug testing can accurately measure impairment at the time of the test. In reality, drug testing does not provide either scientific or legal proof that someone who tests positive is impaired. That’s not the purpose of drug testing.  

For employers, a positive test result indicates drug use, but it doesn’t provide a clear indication of impairment. This is particularly challenging when dealing with marijuana, as its effects can vary based on factors like dosage, tolerance, and method of consumption. However, there are other technologies available that specifically identify impairment such as fitness-for-duty tests, pupillary exams, and cognitive exams that may or may not indicate drug use. 

What Employers Need to Know in 2024 

As marijuana laws continue to evolve, employers must stay informed and adjust their workplace drug testing policies accordingly. Here’s what you need to know: 

Navigating Compliance 

Employers need to be aware of both state and federal regulations regarding drug testing. While marijuana may be legal in certain states, federal regulations, such as those governing transportation, aviation, and defense contractors, typically still require drug-free workplace policies. This means that even employers in legal marijuana states need to test for marijuana use to remain in compliance with federal law. 

For employers with operations in multiple states, keeping track of varying state laws can be complex. It’s critical to have a clear understanding of applicable local regulations to ensure that policies are aligned with the legal landscape. 

Safety & Productivity 

When crafting a drug testing policy, it’s essential to weigh the safety of your workforce with the potential impact on productivity. In safety-sensitive roles, drug testing is vital to mitigate risks and protect employees from accidents caused by impairment. However, employers should also consider how to balance these concerns with policies that respect the rights of employees who use marijuana legally during their off-hours. 

Adapting to Change 

With marijuana legalization on the rise, employers should regularly review and update their drug testing policies to reflect changing laws and workplace needs. It’s important to involve key stakeholders in this process, including legal counsel, human resources, and any industry-specific regulatory bodies. 

Best Practices for Employers in the Current Landscape 

To navigate the complexities of marijuana, use and workplace drug testing in 2024, employers can implement the following best practices: 

1. Clearly Communicate Policies: Ensure that all employees are fully aware of the company’s drug testing policy, including the specific rules around marijuana use. Transparency is key to avoiding misunderstandings. 

2. Provide Training for Managers: Managers should be equipped with the knowledge to address situations involving drug use, including how to spot signs of impairment and how to handle drug testing in compliance with company policy. 

3. Work with Experienced Drug Testing Providers: Partner with a reputable drug testing provider who understands the nuances of testing for marijuana use and can help you interpret results in a way that complies with state and federal laws. 

4. Review Policies Regularly: As marijuana laws change, so should your policies. Regularly review and update your drug testing procedures to stay in compliance and ensure that they align with current legal and regulatory standards. 

Conclusion: Debunking the “Big Lie” of Today 

Just as the “Big Lie” campaign of the 1980s worked to dispel the myths about cocaine, employers in 2024 must combat the misinformation surrounding marijuana use and workplace drug testing. The reality is that, while marijuana is becoming more widely legalized, drug testing remains an essential tool for ensuring workplace safety, legal compliance, and overall productivity. 

By staying informed, adapting to changing laws, and implementing clear, transparent policies, employers can ensure that their drug testing programs remain effective and fair in this new legal landscape. The key is to separate fact from fiction and make decisions based on what’s best for the business, the employees, and the safety of everyone in the workplace. 

References: 

1. Grant, I., et al. (2012). “Prevalence of cognitive impairment in marijuana users,” JAMA Psychiatry. Retrieved from https://jamanetwork.com. 

2. U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Testing Regulations. Retrieved from https://www.transportation.gov. 

3. Marsch, L. A., et al. (2016). “Challenges and advances in detecting marijuana use impairment,” American Journal of Drug and Alcohol Abuse. Retrieved from https://www.tandfonline.com. 

4. Society for Human Resource Management (SHRM), Marijuana Use and Employment Policies. Retrieved from https://www.shrm.org.