Majority of States Have Legalized Marijuana, but OSHA's Post-Incident Drug- Testing Guidance Hasn't Changed - Ogletree

Although marijuana has been legalized for medicinal or recreational use, or both, in thirty-eight states, it is still illegal under federal law, and drug testing is required to comply with a number of federal laws, including the Motor Carrier Safety Act. In addition, the Occupational Safety and Health Administration (OSHA) does not prohibit workplace safety incentive programs or post-incident drug testing.

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