Occasionally, employees and applicants can become outspoken and assertive about their perceived rights, and conflicts can arise. The best way to respond is to be an educated employer. In Colorado, the evolving and complicated rules around marijuana can lead to these situations. In this vein, we are receiving questions about the Executive Order signed by Governor Polis on July 14, 2022.
Because of the descriptive language of the order, some applicants and employees who use marijuana are interpreting the order to say employers can no longer drug test. This is not true. The order only states that marijuana use cannot be used against a tradesperson in their possession of a license and affects only licensure. In fact, the authority of the executive branch under the state Constitution is limited, and this is one of the few areas where it can act unilaterally. Established Colorado laws around marijuana and drug testing for employers remain the same as before the order.
Employers Council members can learn more about drug testing in the workplace through our online resources, including this whitepaper, which addresses issues specific to marijuana use in Colorado. If you need further assistance, email the Member Experience team.
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