Marijuana Legalization and Workplace Safety: Navigating the New Normal

As marijuana legalization expands across the United States, employers are facing a new challenge: how to maintain a safe, productive workplace while navigating rapidly evolving laws and changing cultural norms. At the 2025 National Safety Council’s Safety Consortium Expo, Dr. Stephen Dawkins, our founder and medical director, shared insights on this pressing issue. 

The New Landscape of Marijuana Use 

Dr. Dawkins highlighted a striking shift: marijuana use has now surpassed alcohol use in the U.S., with an estimated 52 million Americans reporting daily use. This is not just a youth issue. Usage spans all age groups, from young adults to workers over 65, and the effects on memory, coordination, reaction time, and decision-making can be significant. 

Adding to the complexity, the cannabis market now includes three primary categories: 

• Traditional marijuana (THC-rich plant material) (1) 

• CBD products (non-psychoactive but sometimes contaminated with THC) (2) 

• Synthetic cannabinoids (highly potent chemical compounds designed to mimic THC) (3) 

These products vary widely in potency and effect, making impairment harder to identify and test for. (4) 

Why Testing Still Matters 

Marijuana’s detectability can far outlast its intoxicating effects. Urine tests can show THC metabolites for up to 90 days, hair analysis can capture use over months, and blood or saliva tests offer only short detection windows. This can complicate post-accident investigations and disciplinary actions. (5,6) 

As a result, employers should ensure that their drug testing programs align with company policy and workforce needs. Some organizations choose to include THC as part of their pre-employment screening, while others place more emphasis on detecting impairment during work hours. Establishing clear guidelines helps ensure consistency, fairness, and safety across the board. 

Dr. Dawkins stressed the importance of: 

• Pre-employment and post-accident testing to establish baselines and identify potential risks  

• Screening for synthetic cannabinoids, which many standard tests still miss  

• Confirmatory testing after initial screening to avoid false positives  

• Working closely with labs to ensure testing methods are up to date and results are interpreted accurately  

Beyond Testing: Medical and Cognitive Considerations 

Impairment isn’t always substance-related. Conditions such as dizziness, mood disorders, or neurological issues can mimic the symptoms of marijuana intoxication. Dr. Dawkins encouraged employers to consider comprehensive medical evaluations, especially after post-accident tests, to rule out underlying conditions. (7) 

He also highlighted the growing value of baseline cognitive assessments during pre-employment screenings. These evaluations give employers a clearer picture of an employee’s normal cognitive function, making it easier to detect impairment or changes later. (8) 

Employer Action Steps 

Based on Dr. Dawkins’ recommendations, employers should consider: 

• Updating drug testing protocols to include synthetic cannabinoids 

• Partnering with labs to optimize testing procedures and confirm results 

• Incorporating baseline cognitive assessments into pre-employment exams 

• Training supervisors observe, document, and validate behavior changes, then involve medical professionals to confirm or rule out impairment 

• Developing a clear, written policy on how to handle suspected impairment that balances employee privacy with workplace safety 

The Bottom Line 

Marijuana legalization has created a “new normal” for employers. With usage on the rise and new products flooding the market, safety programs must evolve beyond traditional alcohol-based models. Comprehensive testing, meticulous documentation, and a collaborative partnership with occupational medicine professionals are crucial for protecting employees and maintaining a safe work environment. 

As Dr. Dawkins concluded at the National Safety Council Expo: 

“At the end of the day, whether it’s marijuana, alcohol, or any other substance, our responsibility is the same: to ensure the workplace is safe for everyone.” 

Cited Sources 

1. https://apnews.com/article/marijuana-cannabis-alcohol-drinking-daily-use-b91c2c5957fdb2d48e6616c3baa14c13 
2. https://canons.sog.unc.edu/2025/05/cbd-products-and-public-employee-drug-testing-what-employers-need-to-know/ 
3. https://surehire.com/blog/2022/09/07/synthetic-drug-testing-in-the-workplace/ 
4. https://disa.com/news/thc-vs-cbd-vs-synthetic-thc-understanding-the-differences/ 
5. https://www.fastestlabs.com/blog/dot-testing/new-dot-drug-testing-what-employers-and-drivers-/ 
6. https://www.upcounsel.com/drug-testing-in-the-workplace 
7. https://www.nsc.org/getmedia/98353804-f383-4086-b021-edbfb1d5d7a5/cannabis.pdf 
8. https://www.aaohn.org/Portals/0/docs/The%20Workplace%20Impact%20of%20Marijuana%20Use.pdf