The legality of marijuana varies across states and workplaces.  Laws regarding the drug continue to change, further complicating things.  Understanding trends regarding marijuana usage and legality is important.

Over time, Americans have grown more favorable of marijuana legalization.  In 1969, only 12% of Americans supported the legalization of marijuana, as opposed to 70% of Americans in 2023.  Currently, over 50% of Americans live in states that have legalized recreational marijuana, which goes to show the sweeping legislative change that has occurred in the last several decades.

However, some states are still criminalizing marijuana.  Idaho, South Carolina, Kansas and Wyoming have some of the strictest marijuana laws.  For example, in South Carolina, possession of less than 1 ounce of marijuana is a misdemeanor and is punishable by 30 days of imprisonment and a $20 max fine.

The complexity of marijuana legislation increases when considering the workplace.  Many users go to work high; 39% go to work high weekly, 28% occasionally and 17% once a month.  73% of marijuana users say that being high improves their work performance.

The legality of pre-employment drug testing varies between states as well.  For example, Nevada banned almost all pre-employment drug testing for marijuana, save for safety-sensitive positions such as firefighters and EMTs.  On the other hand, Illinois still does not have a clear law on employer drug testing, despite having legalized marijuana for recreational and medical use in 2020.

It is important to know the law regarding marijuana usage and testing in your state, and to stay on top of new legislation.

Source: US Drug Test Centers