A recent federal labor report revealed that drug testing rates by employers in the United States have fallen substantially in the past 25 years. This is a direct result of the steady legalization of marijuana throughout various states across the country. New data shows which industries are screening employees more than others while also revealing that a small number of workplaces have even eliminated or delayed screening substantially during the COVID-19 pandemic.
As of the pandemic, nearly three-quarters of states have legalized the use and possession of medical marijuana, while about one third have legalized adult recreational cannabis. As expected, drug testing is lower in states that have already legalized marijuana. Workers in safety-sensitive industries such as transportation were more likely to be tested than those in lower-risk sectors such as food services and art. It is unclear whether the lack of testing in states that have listed marijuana prohibition is directly correlated to the legalization or more so a result of general public opinion on personal privacy and drug use.
While testing is slowly relaxed across the country, many still suffer the effects of marijuana prohibition. People of minority communities are consistently and disproportionately targeted by law enforcement for marijuana use and possession. This disparity furthers the cycle of homelessness, incarceration, and poverty, and prevents many from seeking higher education. Furthermore, there are many who have been charged with cannabis-related offenses that are still facing punishment for these outdated crimes.
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