Fourester Research’s Cannabis Policy
A cannabis policy is a formal workplace document that establishes guidelines for employee marijuana use, testing procedures, and disciplinary measures in response to changing state and federal cannabis laws. These policies address the complex intersection of employee rights, workplace safety, and legal compliance as more jurisdictions legalize medical and recreational cannabis use. Cannabis policies typically cover pre-employment testing, on-duty impairment standards, medical marijuana accommodations, and consequences for policy violations.
Employers should adopt cannabis policies because 88% of working-age adults in the U.S. support using cannabis for either medical or recreational purposes, making zero-tolerance approaches potentially counterproductive for talent acquisition and retention. Without clear policies, companies face legal risks in states with employee protection laws and may struggle to balance safety requirements with anti-discrimination obligations. Progressive cannabis policies help employers maintain competitive advantage by attracting top talent while establishing defensible safety standards that protect against liability claims.
California employers will be barred from asking workers about their use of cannabis outside of work, and from discriminating against them because of it, with similar protections emerging in states like New York, Connecticut, and Nevada. Technology companies, creative agencies, and retail organizations are leading adoption of cannabis-friendly policies, while companies like Ben & Jerry's have become prominent advocates for cannabis justice through both policy and activism. Many employers are reconsidering zero-tolerance policies, especially in states where recreational marijuana is legal, demonstrating widespread industry movement toward more progressive approaches.
We Believe We Have The Most Progressive Court-Defensible Cannabis Policy
This organization, the organization owning Fourester.com, recognizes that cannabis use outside of work hours is a personal choice protected by state law and commits to non-discrimination against employees based solely on off-duty cannabis consumption or medical marijuana patient status. We prohibit pre-employment drug testing for cannabis metabolites in non-safety-sensitive positions and focus our enforcement efforts exclusively on workplace impairment that affects job performance, safety, or productivity. Employees in safety-sensitive positions requiring federal compliance will be subject to different standards as mandated by law, with clear job descriptions identifying such roles during the hiring process. Medical marijuana patients will receive reasonable accommodations equivalent to those provided for other prescription medications, including flexible scheduling and confidential consultation processes. All disciplinary actions related to cannabis will be based on documented performance issues, observable impairment, or safety violations rather than positive drug test results alone.
Our policy emphasizes performance-based assessment over metabolite detection, utilizing supervisor training programs to identify actual impairment indicators such as coordination problems, cognitive difficulties, or safety concerns during work hours. We maintain Employee Assistance Programs providing confidential support for substance-related concerns and commit to progressive discipline that prioritizes rehabilitation over termination for first-time violations. Cannabis-related incidents will be handled through our standard performance management procedures, ensuring consistent application of disciplinary measures and protecting employee due process rights. This policy applies equally to all employees regardless of cannabis source (medical or recreational) and will be regularly reviewed to maintain compliance with evolving state and federal regulations. Any modifications to this policy will be communicated transparently to all employees with appropriate advance notice and training to ensure understanding and compliance.
Several major companies have implemented progressive cannabis policies, ranging from completely eliminating pre-employment drug testing to removing marijuana from workplace drug screening panels. These companies represent diverse industries and demonstrate varying approaches to balancing workplace safety with evolving attitudes toward cannabis use.
Technology Companies Leading Cannabis-Friendly Policies
Amazon, one of the largest employers in the world, made headlines when it announced in 2021 that it would no longer test most of its job applicants for cannabis, viewing cannabis use as equivalent to alcohol consumption for positions not requiring federal Department of Transportation compliance. Microsoft values innovation, and its hiring practices reflect a focus on skills and expertise rather than personal habits, allowing Microsoft to attract a diverse range of talent without requiring drug testing for most positions. Apple will not require a drug test from you, but they may do so if there is an injury on the job, a standard of many jobs inside and outside of the technology industry, with the company believing that zero-tolerance drug policies can limit people's talents. Google is looking for innovative and efficient workers, but don't mind if they use cannabis in their private lives, making it among the most desirable tech companies with no drug testing requirements. Additionally, Microsoft is announcing a partnership to begin offering software that tracks marijuana plants from "seed to sale" to help states that have legalized marijuana keep tabs on sales and commerce, demonstrating the company's active engagement with the legal cannabis industry.
Retail and Service Industry Examples
Starbucks does not require passing a drug screening to gain employment, nor do they randomly test workers, operating over 32,660 stores throughout the nation with cannabis-friendly policies. Whole Foods is a large progressive company that focuses on your professional life versus what you do in your personal life and is among companies that do not drug test either pre-or post-employment. Home Depot, one of the largest employers in the United States, is shifting its employee drug testing policies to remove cannabis from screening panels entirely and stop pre-employment drug testing of most of its workers, with changes taking effect in September 2024 stating that "Marijuana will be removed from all drug panels" in the U.S. Target does not drug test most employees for cannabis, unless there are certain circumstances, with their online application indicating whether positions require drug tests. Walmart doesn't really drug test for pre-employment anymore, particularly for low-grade positions, though Walmart has faced lawsuits over pot screenings for job applicants in states with protective cannabis laws.
Manufacturing and Automotive Sector Policies
Tesla does drug test and will have you waiting 2 months for the results to come back, maintaining stricter policies compared to other major employers, with employees reporting that "They do random alcohol and drug screenings as well" and confirming it operates as "a drug free workplace." This demonstrates that not all major companies have adopted cannabis-friendly policies, particularly in manufacturing and safety-sensitive industries where federal regulations or safety concerns take precedence over progressive drug policies.
Top 20 Companies and Their Cannabis Policies
Amazon - Eliminated pre-employment cannabis testing in 2021 for most positions, treating cannabis use like alcohol consumption for roles not requiring federal Department of Transportation compliance. The company made this change to attract a broader pool of job candidates and maintain competitive advantage in states where marijuana is legal.
Microsoft - Does not require drug testing for most positions, focusing on skills and expertise rather than personal habits to attract diverse talent. The company actively engages with the legal cannabis industry by partnering to provide "seed to sale" tracking software for states that have legalized marijuana.
Apple - Does not require pre-employment drug testing, believing that zero-tolerance drug policies can limit access to talented individuals. The company may conduct testing only if there is a workplace injury, following standard practices across many industries.
Google - Maintains no drug testing requirements, prioritizing innovation and worker performance over personal cannabis use during off-hours. The company's progressive workplace policies reflect its emphasis on creating a positive work environment and attracting top talent.
Starbucks - Does not require pre-employment drug screening or conduct random testing across its 32,660+ stores nationwide. The company focuses on efficiency, quality coffee, and customer service rather than employees' personal cannabis use outside of work.
Whole Foods - Operates with no pre-employment or post-employment drug testing, focusing on professional performance rather than personal lifestyle choices. As a progressive company promoting healthy living and sustainability, it attracts employees passionate about health and wellness without imposing strict drug testing policies.
Home Depot - Removed marijuana from all drug testing panels as of September 2024, including reasonable suspicion and post-accident testing. The company also eliminated pre-employment drug testing for most positions, with testing now limited to Asset Protection and Corporate Security roles.
Target - Does not drug test most employees for cannabis unless there are specific circumstances related to the position. The company's online application clearly indicates whether particular positions require drug testing, typically for roles involving vehicle operation or safety-sensitive duties.
Walmart - Largely eliminated pre-employment drug testing for entry-level positions, particularly low-grade jobs where the cost of testing outweighs benefits. The company has faced lawsuits over cannabis screening practices in states with protective cannabis laws for employees.
Tesla - Maintains strict drug testing policies including cannabis screening with reported 2-month wait times for results. The company conducts random alcohol and drug screenings and operates as a "drug-free workplace" due to safety-sensitive manufacturing operations.
Ben & Jerry's - Serves as a prominent advocate for cannabis justice through both policy positions and activism, with co-founder Ben Cohen launching a nonprofit cannabis company. The company actively campaigns for cannabis legalization, criminal justice reform, and expungement of marijuana-related convictions.
Chipotle - Does not test employees for cannabis use, aligning with the company's progressive workplace culture. This policy helps the fast-casual restaurant chain attract workers in an increasingly competitive labor market.
IBM - Does not require pre-employment or post-employment drug testing as part of standard hiring and employment practices. The company reserves the right to conduct testing only if employees appear visibly impaired or under the influence during work hours.
Netflix - Does not drug test employees, reflecting the broader trend among progressive technology and entertainment companies. The company's policies align with its focus on performance and results rather than personal lifestyle choices.
Gap - Implements cannabis-friendly policies in states where marijuana is legal, encouraging employees to confirm specific location policies. The company adapts its drug testing approach based on local and state laws rather than maintaining uniform restrictions.
Domino's Pizza - May conduct drug testing depending on the specific location and position, with policies varying across different franchises. The inconsistent approach reflects the challenges faced by franchise operations in adapting to varying state cannabis laws.
KFC - Tests employees for drugs with specifics depending on location and position requirements within the franchise system. Like other fast-food chains, policies may vary between corporate and franchise-owned locations.
McDonald's - Continues to test for THC nationwide despite state-level marijuana legalization, maintaining uniform corporate policies across all locations. The company's approach reflects a conservative stance prioritizing consistency over adapting to local cannabis laws.
CVS Health - Maintains standard healthcare industry drug testing protocols due to patient safety concerns and regulatory requirements. As a pharmacy chain handling controlled substances, the company faces stricter compliance obligations than other retail operations.
Disney - Maintains drug testing for THC despite state legalization, citing safety concerns and brand image considerations. The entertainment giant's policies reflect the company's focus on family-friendly operations and safety in theme park environments.
Primary Sources Cited:
The State of Workplace Marijuana Laws in 2024 - Accurate (April 5, 2024)
URL: https://www.accurate.com/blog/the-state-of-workplace-marijuana-laws-in-2024-accurate/
Cannabis Legalization and Employment Protections - Marijuana Policy Project
URL: https://www.mpp.org/issues/legalization/cannabis-legalization-and-employment-protections/
California cannabis testing: New laws protect employees in 2024 - CalMatters (December 27, 2023)
URL: https://calmatters.org/economy/2023/12/cannabis-employees-new-laws-california-2024/
Weed and the Workplace: 9 Policies and Best Practices for Employers (November 13, 2023)
URL: https://www.alloyemployer.com/blog/weed-and-the-workplace-9-policies-and-best-practices-for-employers
Ben Cohen of Ben & Jerry's Launches Non-Profit Cannabis Co. Focused on Criminal Justice Reform (March 30, 2023)
URL: https://hightimes.com/activism/ben-cohen-of-ben-jerrys-launches-non-profit-cannabis-co-focused-on-criminal-justice-reform/
How Employers Are Reacting to Legal Marijuana (October 24, 2023)
URL: https://www.businessnewsdaily.com/9386-legal-marijuana-employment-practices.html
Additional Supporting Sources:
2025 and Ongoing Marijuana in the Workplace Evolving Legislation - STI/SPFA
Attorney's Guide to Cannabis and the Workplace - Bloomberg Law (December 18, 2024)
Multiple Ben & Jerry's advocacy articles from various news outlets