May an employer ask a job applicant about lawful drug use?

Author: Jessica Sussman

State laws vary regarding an employer's ability to test for lawful drugs. An employer testing for lawful drugs, such as medical marijuana, should notify applicants of the policy in writing at the time of the application and include information about the employer's position on medical marijuana in its drug and alcohol testing policy. Generally, employers may refuse to hire an applicant who tests positive for medical marijuana.