Over the past decade, the United States has significantly relaxed its stance on marijuana. As of this year, four states (CO, OR, WA, AK) and Washington DC have now legalized recreational use, while twenty-three others allow their residents access to medical marijuana. With rules varying widely by state, many Americans have found themselves questioning how the new laws will affect their rights.

Many new marijuana laws are vague and open to interpretation, so it’s no wonder citizens have concerns. Residents of legalized states, in particular, question how legal marijuana will affect day-to-day life. One of the most contentious issues is determining how the new laws will affect workplace drug testing and rights to privacy.

Though many states are becoming more lax about recreational marijuana, it’s still classified as an illicit substance by the federal government. This fact alone is why workplace drug tests may still be allowed in many circumstances. Similar to alcohol, employers are concerned about regulating the use of – or repercussions of – marijuana in the workplace.

The short answer is yes, even if you live in a state with legal marijuana. Since the federal government still considers marijuana illegal, some companies may have the grounds to continue drug testing. This is especially common for companies that have regional offices and employees who travel state-to-state.

This largely depends on the state, and how marijuana is being used by an employee. Some states have written information about workplace drug testing into their legislation. For example, the state of Pennsylvania is considering a medical marijuana bill that would prohibit employers from firing a prescribing employee that uses outside of work hours. While some states also provide mandatory rehab instead of termination, others favor the federal government’s zero tolerance policy.

Some employers question whether drug testing is productive in the face of the new laws. It brings up privacy issues for many, especially since most drug tests measure recent usage instead of current impairment. Businesses also worry about the long-term effect that drug testing might have on the workforce as a whole. Terminating an employee due to weekend marijuana usage may disintegrate trust between employers and employees, leading to a deficiency of quality workers in a given industry.

If you live in a state with legal marijuana and worry about how it affects your rights in the workplace, make sure you do your research. Start internally by brushing up on your company’s drug testing policy and notating any concerns. With laws changing as recently as this year, your company policy may very well be outdated. If this is the case, work with HR to develop a new policy that satisfies all parties involved.

If you have doubts about your company’s drug test policy, speak to HR. You may also want to consider talking to an attorney who specializes in medical marijuana legislation. He or she can help translate the intricacies of your state’s marijuana laws and make sure you and your colleagues are protected.

Clear Test is dedicated to helping clients protect both their jobs and the right to privacy. We provide products to help pass drug tests, from synthetic urine to detox drinks. For more info, visit our website at ClearTest.com or call 1-800-248-5655.