Home Depot Stops Drug Testing for Marijuana in Most Cases

Home Depot has removed marijuana from its drug-testing screening panels in the U.S. for most job candidates and employees, except for those workers covered under Department of Transportation regulations. 

The new policy, which took effect Sept. 1, makes Home Depot one of the largest employers to halt marijuana screening.

We’ve rounded up articles and resources from SHRM and other outlets to provide more context on the news.

HR Directive

The big-box retailer issued a memo outlining the drug-testing changes in August. Pre-employment drug testing for marijuana will only be conducted for external candidates with contingent offers in asset protection and corporate security, according to the memo.

The company will also ban testing for marijuana in cases of reasonable suspicion that an employee is impaired and in postaccident investigations unless certain postaccident criteria are met.

(New York Post)

More Workers Are Testing Positive for Marijuana

The percentage of U.S. workers testing positive for marijuana continues to climb as more states legalize the drug for medical and recreational use.

The rate of positive marijuana tests among the general U.S. workforce (not including regulated, safety-sensitive positions) increased to 4.5% in 2023, up from 4.3% in 2022 and 3.1% in 2019, according to annual drug-testing results compiled by Quest Diagnostics. Quest also found a significant rise in tampering with workplace drug tests.

(SHRM)

What Effect Might Rescheduling Marijuana Have on Employers?

More employers likely will permit off-work use of cannabis if marijuana is rescheduled from a Schedule I controlled substance to a less-dangerous Schedule III drug, as the Biden administration has proposed.

If marijuana is rescheduled, it’s possible that some individuals will be entitled under federal law to use marijuana products to treat medical conditions at work. As for recreational marijuana use, rescheduling still would not make the use or possession of marijuana without a prescription legal under federal law.

(SHRM)

California Prohibits Screening for Marijuana

California is one of the states that bars employers from screening most job applicants for marijuana use. Under a state law that took effect in April, California employers cannot fire, discipline, or demote a worker for using cannabis off the job and away from the workplace. However, employers can require employees to not possess, use, or be impaired by marijuana at the worksite during work hours.

(SHRM)