The public perception of marijuana has shifted significantly due to its legalization in medical and recreational forms across much of the country, leading to a growing acceptance of its use for medicinal purposes. As a result, employers must navigate the complexities of conducting background checks on employees who use medical marijuana, with key considerations including patient privacy, discretion, formal testing policies, and compliance with state and federal laws. Employers should be aware that medical marijuana cards are protected under HIPAA law, and their purchase history cannot be disclosed without consent. Additionally, some states have specific regulations regarding the use of positive drug tests for marijuana, and employers must research these laws before taking adverse action against employees or candidates. The U.S. Department of Transportation (DOT) requires regular drug testing for safety reasons in certain industries, and random drug tests can be administered at any time. Employers must also ensure compliance with federal regulations, particularly for federal employees. To streamline background checks, companies can partner with Checkr, which uses industry-leading AI technology to optimize the screening process.