There are now 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with recreational marijuana laws.
States with legalized marijuana for recreation use:Alaska, California, Colorado, District of Columbia, Massachusetts, Maine, Nevada, Oregon, Washington State
While federal law still holds Marijuana use as illegal, the federal government have taken a “hands off” approach in enforcing this and letting states govern this topic themselves. Having said this, all states (except Maine) still allow employers to enforce policies, resulting in disciplinary action for Marijuana use and positive drug test results. Maine does not allow employers to discriminate against use of Marijuana outside of work however, employees may not be under the influence while at work or on work premises (as with alcohol). This language will make it difficult for employers in Maine to enforce their drug testing policies.
The best practice for employers who drug test in other states is to state clearly in a written testing policy that illegal drugs include marijuana and that positive drug test results caused by recreational use will lead to disciplinary action.