Workers who live in states where cannabis is legal often face a conundrum.
Can they continue using a substance deemed by lawmakers to be fit for public consumption, even if they may have an employer who might drug test? Or do they avoid it all together, because they don’t know what their employer’s drug policy is? And does that policy include only “hard” drugs like cocaine, opioids or methamphetamines, or does it test for cannabis too?
These days, the answer is a lot more flexible than it was even a decade ago. An increasing number of employers are easing their drug testing policies for cannabis, reflecting shifting attitudes toward legalization and workplace inclusion.
According to a comprehensive guide by DDMCannabis, several industries now offer positions where cannabis use is either tolerated or explicitly not tested for.
Jobs in sectors such as hospitality, entertainment, and certain tech roles tend to be more lenient, especially in states where cannabis has been legalized or decriminalized.
One of the most tolerant industries for cannabis has been tech, which is usually focused more on what an employee is doing at work with their brain than what they are doing at home with their free time.
Some tech companies have even adopted “don’t drug test” policies to attract talent, emphasize a focus on job performance over substance use, or accommodate existing employee use.
“Jobs in technology, marketing, and creative work tend to focus on talent over testing,” the guide says. “Whether you’re a software developer, graphic designer, copywriter, or video editor, most employers in these fields don’t bother with pre-employment drug testing or random drug testing.”
However, experts caution that even in these environments, employers may still have strict policies against impaired work performance or safety-sensitive roles where testing remains mandatory. Workers should understand specific company policies and local laws, as regulations continue to evolve nationwide.
So where are the safest places to work if you use legal drugs?
As cannabis becomes more mainstream, the landscape of employment policies is likely to continue shifting, providing more opportunities for workers in cannabis-friendly jobs without the concern of workplace drug tests.
A growing number of large employers have adopted policies that either exclude or downplay drug testing for employees, reflecting shifts in workplace norms and legal landscapes. Among the most prominent are hospitality, tech, and retail giants, with some publicly emphasizing a focus on performance and safety rather than punitive drug screening.
For example, companies like Microsoft, Netflix, and Amazon do not conduct routine drug tests on their workers, citing their mission to foster inclusive environments and adapt to changing regulations. Likewise, Starbucks, McDonald’s, and Target have publicly stated they do not require drug testing, emphasizing their commitment to workplace safety and employee well-being.
Drug testing changes by location
In sectors such as retail and service industries, policies are often shaped by local laws; for instance, in certain states, regulations restrict or prohibit random drug testing unless justified by safety concerns. Meanwhile, some companies reserve the right to drug test in response to suspicions of impairment following accidents or misconduct.
The shift is driven by several factors: increased legalization, broader acceptance of medicinal and recreational cannabis, and the recognition that drug testing may not correlate directly with job performance.
Industry observers note that, in many cases, unless an employee is visibly impaired or involved in safety-sensitive roles, these policies focus more on trust and flexibility than on punitive measures.
Will drug testing for cannabis eventually be a thing of the past?
As workplace norms evolve, the trend toward relaxed drug testing policies continues to reshape hiring practices, challenging long-held assumptions about substance use and employment standards.
Or, as Maryland Democrat Jamie Raskin more concisely puts it, employment laws need to reflect the times in which we live.
“We don’t want to be disqualifying half of the population, tens of millions of people, for having done something that most of our recent presidents have done,” he said. “You’re taking huge numbers of people off the field.”