As Marijuana laws in the USA from State to State keep changing making medical and even recreational use legal it is changing pre-employment background screening. It is useless testing new potential hires for the drug if in their State it is legal to use it. Marijuana criminality remains a hot topic especially since Congress took up the matter of de-scheduling the drug as a Schedule 1 narcotic, a level of criminality that is shared with methamphetamine and heroin. With Congress looking at de-scheduling marijuana, combined with additional states voting to legalize recreational marijuana, the use of the drug and hiring will surely continue to be hot button items for HR Departments and hiring managers.
In 2020 the outgoing 116th Congress took up the issue of de-scheduling marijuana as a Schedule 1 drug in the House of Representatives and with the change in leadership the topic will most certainly return to the agenda of the 117th Congress. With control of Congress in different hands the conversation about de-scheduling marijuana should force all hiring managers and HR Departments to immediately plan for such a change, and a best practice remains to work with a well-qualified third-party pre-employment agency in order to remain compliant with existing and potential law.
Across the country voters are approving new legislation allowing for the lawful use of recreational marijuana. Often time’s steps are taken, at the state level, to expunge previous marijuana-related convictions.
Starting on January 1, 2021 Illinois will expunge previous marijuana convictions.
From the Chicago Tribune on January 5, 2021:
The first set of cases, dating from Jan. 1, 2013 to June 25, 2019, were to be expunged by Jan. 1. Cases dating from 2000 through 2012 must be expunged by Jan. 1, 2023. Offenses before 2000 must be expunged by the start of 2025, under the state law. In all, Will County has more than 11,000 cases eligible for automatic expungement under state law, Glasgow said.
Wiping records clear of a low-level drug offense can help open doors for jobs and other opportunities, attorneys said. chicagotribune.com/marijuana/ct-sta-will-county-marijuana-expungement-st-0106-20210105-hb5lpyotfbfp7nrhcppgzmrkc4-story.html
A federal level change to decriminalize the use and possession of marijuana would greatly reduce the potential of confusion with the use of criminal history reports in employment screening. It is counterproductive to convict people in this country of marijuana related offenses when most of the country doesn’t think it is a crime at all to use the drug for medical or recreational purposes. It is a futile effort that will only clutter our correctional facilities, cost us a lot of money and remove people from the work force further hurting our economy.
There are predictions that the new Congress will take up the issue of de-scheduling marijuana.
From Marijuana Moment on January 6, 2021:
The Senate will vote to pass a bill to federally legalize marijuana within the next two years.
That’s according to the top Democratic lawmaker who is expected to be installed as majority leader following his party’s projected clean sweep in this week’s two Georgia runoff elections that will give them control of the chamber.
Coupled with Joe Biden’s presidential win, the new situation on Capitol Hill means that federal cannabis policy change is in the cards for the 117th Congress. While the former vice president has declined to embrace adult-use legalization, he’s pledged to adopt modest reforms such as marijuana decriminalization and expunging past records. marijuanamoment.net/what-the-new-democratic-controlled-senate-means-for-federal-marijuana-legalization-in-2021/
With the new Presidential Administration and with Democrats having control of the Senate and the House this year will surely be one of big changes. Criminal justice reform will certainly be in the spotlight and with the potential of marijuana decriminalization combined with expungements Hiring Managers and/or HR Departments should pay close attention and work with a professional employment screening agency in order to remain compliant with existing and potential laws governing the hiring process.
By some jurisdictions in this country already expunging marijuana related criminal background records the effects should soon be seen. By freeing these individuals from the stigma of having a criminal record it will enable them to get a fresh start and a job and start contributing positively to the USA and its economy. At this point in time it is the beneficial path to take both for those with marijuana related conviction records and the country as a whole.
To read more about the decriminalization of marijuana related offenses and why all criminal conviction records of individuals in the USA that were just for using or possessing the drug should be expunged immediately read recent CriminalBackgroundRecords.com press release: Marijuana May be the Big Issue in Pre Employment Background Screening in 2021; Opines CriminalBackgroundRecords.com