State Marijuana Laws: Complex and In Flux

September 2, 2025 February 14, 2026

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It is important that businesses stay abreast of changes to marijuana laws in the workplace, as these laws are often in flux. Over the past several decades, opinions on marijuana usage and legality have changed drastically, and these opinions continue to change. This results in an ever-shifting landscape of new bills and legislation.

In 1969, only 12% of people in the United States supported the legalization of marijuana. This number increased to 31% in 2000, then 66% in 2018 and finally to 70% in 2023. Laws have changed to reflect the growing support for legalization; more than 50% of Americans now live in states that have legalized recreational marijuana.

Colorado, Alaska, Washington and Oregon are the most lenient states when it comes to marijuana. Idaho, South Carolina, Kansas and Wyoming are the strictest states, and have maintained marijuana as fully illegal.

However, there are also states with laws in the middle of the spectrum. For example, some states, such as Hawaii, have legalized medical marijuana and decriminalized recreational marijuana. Other states, such as Louisiana, have decriminalized marijuana. Finally, some states permit medicinal marijuana, but still consider recreational marijuana illegal and criminalized.

When it comes to the workplace, marijuana often plays a role. In fact, nearly half of users in legalized states say that they use cannabis at or before work. 39% of users go to work while high on a weekly basis. 73% of users report that using marijuana at or before work improves their performance.

For employers, navigating drug tests can be complicated. 48% of employers do not test for marijuana in the pre-hire process. In fact, pre-employment marijuana drug tests are illegal in some states and cities, such as Nevada and New York City. In places like Washington DC, pre-hire marijuana testing is illegal, but employers can test after a job offer has been made. Additionally, 5 states permit employers to discipline employees for working while high. However, employers must provide more evidence than a simple failed drug test.

To make things more complicated, drug tests are getting harder. For example, out of 5.5 million samples, 25,000 drug tests are classified as invalid. Between 2022 and 2023, instances of invalid tests increased by 45%.

States have a lot to consider when making marijuana state laws. It is likely that marijuana laws, whether in regards to general legality or in regards to employment drug tests, will continue to change. Employers and employees alike should stay on their toes, ensuring that they are up-to-date on current laws.

Source: US Drug Test Centers