Flash Survey Reveals More Employers Are Testing Applicants for Cannabis Than Two Years Ago. Employer hesitation to test applicants for cannabis appears to have slowed in the past two years, according to the results from JDSUPRA’s latest FP Flash Survey. 60% of employers now test job applicants for cannabis, up from 52% when we asked the same question in 2024. And part of the reason appears to be that the hiring market will permit a stricter approach: employers that test are now less likely to report trouble finding qualified candidates than they were two years ago. Those are just a few of the surprising findings from the latest FP Flash Survey, conducted between July 20 and July 31, gathering responses from over 600 businesses across the country. The survey revealed seven key findings that show where cannabis testing stands today, and could help you decide whether your own policy still fits your business. We’ll review the biggest findings and outline the questions you should ask to make sure you’re up to date with your approach.
- More Employers Are Testing Applicants for Cannabis
For several years, it appeared that employers were moving towards dropping pre-hire cannabis screening. But that trend reversed in this latest survey.
- 40% of employers now say they do not test for cannabis in the pre-hire process, down from 48% in our 2024 survey.
- 46% test all applicants, up from 40% two years ago.
- The number of employers testing only for some jobs, such as safety-sensitive roles or positions where testing is legally required, grew slightly to 14% compared to 12% two years ago.
“I didn’t expect this result, and I suspect most employers won’t either,” said Todd Logsdon, co-chair of FP’s Workplace Safety and Catastrophe Management Practice Group. “Cannabis is becoming increasingly more available now as more and more states legalize it in some way, and perhaps employers are seeing the effects of that in ways they weren’t just a few years ago.”
- Regional Gap in Employer Attitudes Has Widened
The reversal shows up across the map. And the regional gap in employer attitudes is wider than it was two years ago. Employers in New England and the Mid-Atlantic are now roughly four times more likely to skip testing than employers in the South Central states.
- Hiring Pressure Eased, and Testing Policy Followed
The clearest explanation for the reversal appears to be a change in the way employers are viewing the labor market. Among employers that test for cannabis:
- The share that reported having difficulty recruiting qualified candidates because of their testing policy fell from 44% to 38%.
- The share citing talent acquisition and retention as a reason for not testing fell from 37% to 28%.
- Half of Employers That Test Are Not Committed to Keeping It That Way
But at the same time, employers appear flexible about how they might approach this issue in the future. Some 24% of employers that test for cannabis at the pre-hire stage say they are actively considering softening their stance in the near future, and another 26% say they are unsure about what to do.
“When I reviewed the survey results, the number that jumped out to me was not that 60% of employers test for cannabis,” said Kristin White, co-chair of FP’s Workplace Safety and Catastrophe Management Practice Group. “It was that half of employers are either considering relaxing their policy or are unsure what they’ll be doing. It just shows me that employers recognize that things are really fluid in this area right now.”
- State Laws Are Influencing Employer Decisions, But Not Forcing Them
You might think that employers that dropped cannabis testing in the past few years did so because state law forced their hand. But the data from our survey does not support that theory.
Among employers that do not test applicants for cannabis, only 34% cite state or local laws that prohibit or restrict testing as a reason for not doing it. The more common answer, given by 47% of employers, is that cannabis legalization in their state shifted their overall approach.
“If you dropped testing just because your state legalized cannabis, that was a business decision and you’re always free to revisit it,” said Logsdon. “But if you dropped it because a statute or ordinance restricts what you can do, that’s a legal decision. You should make sure you know which category you’re in before you change anything.”
- Safety Is Still the Overwhelming Reason Employers Test
Employer rationales for why they test applicants for cannabis have barely moved in two years. Among employers that test, 80% cite safety concerns as a reason for doing so, essentially unchanged from 81% in 2024.
“I’m not surprised to see safety stay at the top of this list again,” said White. “We’ve seen cannabis laws change, but the consequences of a serious workplace incident have not.”
All of the other reasons employers cited for why they test applicants for cannabis also remained about the same from the survey results two years ago.
- Federal Action on Cannabis Is Barely Registering
Only 8% of employers that do not test applicants for cannabis cite the federal government’s recent moves to loosen restrictions as a reason. State law and the hiring market are driving these decisions almost entirely.
What Should You Do Now? 7 Questions to Answer
Whether you test applicants for cannabis or not, or only test for certain roles, these survey results offer a good reminder to check whether your approach still reflects a deliberate choice that takes current circumstances into account. Here are seven questions you should answer now:
- Will you keep cannabis in your pre-employment screening panel?Depending on where you operate and what your workforce does, you may decide to drop cannabis from the screening panel entirely. Keep in mind that state and federal requirements still mandate THC screening for certain roles, including interstate drivers.
- Will safety-sensitive roles be treated differently?Some employers remove THC, the psychoactive component of cannabis, from screening for office and administrative roles while continuing to screen forklift operators, machine operators, and similar positions. Whatever line you draw, apply it consistently and confirm it satisfies applicable state and local rules.
- Can your supervisors recognize impairment and respond to it?Build clear guidance on identifying signs of cannabis impairment and on what happens when someone is suspected of working under the influence. Then train your managers and frontline supervisors to observe, respond, and report.
- Are the consequences spelled out?Employees should know what follows a violation of your cannabis policy, including rules on possessing cannabis, cannabis-derived products, or paraphernalia at work.
- What happens after a positive result? Consider whether employees can challenge the outcome of a test or investigation, what your process looks like when an applicant tests positive, and how you will approach accommodation requests from authorized medical cannabis patients.
- One policy or several? Decide whether you want a single policy built to satisfy every state where you operate, or separate policies tailored to specific state and local requirements.
- Has counsel reviewed this?Have an attorney work through your policies with you and walk you through your options when a test comes back positive. Reaching out before you take adverse action is the better sequence, since it lets you confirm you are meeting every applicable requirement first.
James P. Randisi, President of Randisi & Associates, Inc., has since 1999 been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about how to save a life with your drug testing policies, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
