By Bill Current, President & Founder
Legalizing Marijuana: Is It Time to Acknowledge Reality and Change Course?
This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
Was President Trump duped into his decision to reclassify marijuana from a Schedule I drug (along with cocaine and heroin) to a Schedule III drug (along with Tylenol with codeine), thus making it more available to the masses by removing crucial federal safeguards?[i]
The move—currently under federal review—could significantly expand marijuana access while loosening longstanding federal safeguards. For employers, safety professionals, and compliance leaders, the implications are serious.
The unfortunate truth is that the loosening of marijuana policies — especially the decision to legalize pot without adequately regulating it — has led to worse outcomes than many Americans expected. It is time to acknowledge reality and change course.”
Wow! What a powerful statement, especially at a time when the President of the United States has all but given his blessing to a move that may eventually lead to the federal legalization of pot. Talk about speaking truth to power. And we would expect such a statement to come from Americans Against Legalizing Marijuana (AALM), Smart Approaches to Marijuana (SAM), or Alex Berenson, author of the landmark book Tell Your Children: The Truth About Marijuana, Mental Illness and Violence. But this particular quote is actually from an unlikely source: the editorial board of the New York Times.
On February 9, 2026, the Times published an article entitled “It’s Time for America to Admit That It Has a Marijuana Problem.”[ii]
From Legalization Advocate to Marijuana Realist
As the old saying goes, “Better late than never.” But the Times deserves credit here given the fact its editorial board has historically been one of the loudest voices in favor of marijuana legalization.
A six-part series published in 2014 by the Times compared the federal ban on marijuana to alcohol prohibition essentially singing marijuana’s praises and advocating for its legalization. Now the Times editorial board admits that while much of what they wrote has withstood the test of time (an opinion not shared by everyone), not all of it did. Reflecting on what they wrote with more than 10 years of hindsight, the Times now admits:
“At the time, supporters of legalization predicted that it would bring few downsides. In our editorials, we described marijuana addiction and dependence as ‘relatively minor problems.’ Many advocates went further and claimed that marijuana was a harmless drug that might even bring net health benefits. They also said that legalization might not lead to greater use.[iii]
“It is now clear that many of these predictions were wrong. Legalization has led to much more use. Surveys suggest that about 18 million people in the United States have used marijuana almost daily (or about five times a week) in recent years. That was up from around six million in 2012 and less than one million in 1992. More Americans now use marijuana daily than alcohol.”[iv]
The Rise of “Big Weed” and the Expanding Cannabis Market
The wider use of marijuana has resulted in many problems that are now becoming undeniable despite the ever-growing and powerful cannabis industry, referred to in the Times’ editorial as “Big Weed,” not to be mistaken with Big Pharma, Big Ag or any of the other “big” industrial machines.
(According to a report from New Frontier Data and reported by, among others, Cannabis.net: “In 2022, illicit cannabis sales soared to over $74 billion, surpassing the legal market’s $28 billion by a remarkable 164%.”[v])
How Is Marijuana Harmful?
Marijuana and the negative consequences of its use are becoming obvious even to ardent supporters of legalization like the New York Times. According to the Times article, which is worth checking out for the details, marijuana today is:
- Used by more people overall than before
- Used on a daily or near-daily basis by more people than ever
- Highly addictive
- Much more potent than in years past
- Available in a wide variety of delivery methods
- Very harmful to frequent users’ health
- Hard on performance and memory
- Subject to misleading advertising from cannabis sellers
- A detriment to stable employment
- Less regulated than alcohol and tobacco
- Not a medical miracle drug
Quoting from the Times article:
“This wider use has caused a rise in addiction and other problems. Each year, nearly 2.8 million people in the United States suffer from cannabinoid hyperemesis syndrome, which causes severe vomiting and stomach pain. More people have also ended up in hospitals with marijuana-linked paranoia and chronic psychotic disorders. Bystanders have also been hurt, including by people driving under the influence of pot.”[vi]
Marijuana-Impaired Driving: A Growing Safety Threat
To help put the marijuana-impaired driving crisis into its proper perspective, a recent report out of Ohio[vii] found that more than 40% of 246 drivers killed in motor vehicle crashes between January 2019 and September 2024 tested positive for delta-9-tetrahydrocannabinol (THC), the active and impairing ingredient in marijuana.
The report also found that the average THC level in motor vehicle fatal crash victims was 30.7 ng/mL, well above the level that would typically cause impairment.
How should employers react to the Time’s editorial? With alarm, concern, and action, especially when they learn that marijuana use can negatively affect performance and memory and that marijuana-impaired drivers are causing harm to others.
Marijuana and the Workplace: What Employers Are Seeing
According to the 2025 Quest Diagnostics Drug Testing Index™ (DTI)[viii] (an analysis of more than 8 million drug test results from 2024), marijuana positivity for the general workforce from urine tests was 4.5%, far outpacing amphetamines, which was second at 1.7%.[ix]
And it is worth noting that marijuana positivity is higher in states that have legalized recreational and/or medicinal marijuana use. According to Quest’s 2023 DTI:
“Marijuana positivity increased 11.8% (5.1% in 2021 versus 5.7% in 2022) in states in which recreational marijuana is legal and 8.3% (3.6% in 2021 versus 3.9% in 2022) in states in which medical marijuana is legal. In states in which neither recreational nor medical marijuana is legal, marijuana positivity increased 3.3% (3.0% in 2021 versus 3.1% in 2022) year over year and 14.8% over five years (2.7% in 2018 versus 3.1% in 2022).”[x]
In Current Consulting Group’s (CCG) 9th Annual Employer Drug Testing Survey in 2025, 85% of respondents indicated that promoting workplace safety is their top reason for conducting drug testing.[xi] And it should be considering that according to Quest’s DTI, marijuana positivity following workplace accidents remained high at 7.3% in 2024, just slightly below the record high of 7.5% established in 2023.[xii]
The New York Times Gets it Right-And Employers Should Take Note
The New York Times would never be mistaken for even casual fans of President Trump and his policies, but for them to take such a clear swipe at him while disparaging one of their favorite pet projects, marijuana legalization, says a lot about the nature of the Times’ editorial itself as well as the paper’s commitment to accurate reporting when it comes to this issue.
It can be hard to admit when you’ve made a mistake, but the old “Gray Lady” appears to have taken a big step in that direction, at least according to headlines from other news outlets reporting on the Times article.[xiii] [xiv] [xv]
While its editorial board still claims that marijuana is “safer than alcohol and tobacco in some ways” and that “America should not go back to prohibition” of marijuana, they concluded that: “Much as the United States previously went too far in banning pot, it has recently gone too far in accepting and even promoting its use.”
Conclusion: A Critical Moment for Workplace Policy
For employers concerned about safety, productivity and turning a profit, taking a firm stand on marijuana feels like a no-brainer. Employers in every state still have the right to prohibit workers from bringing marijuana into the workplace, using marijuana while on the job, and being at work while under the influence of or impaired by marijuana, especially for those who perform safety-sensitive duties.
And even though some states that have legalized marijuana have also placed restrictions on what employers can do with a positive marijuana drug test, screening individuals for marijuana in accordance with applicable laws is a prudent thing to do. Given the spread of marijuana legalization, the well-documented harmful and impairing effects of marijuana use, and the fact that more people are using marijuana, conducting drug tests that include marijuana has never been more important.
When it comes to legalizing marijuana, the New York Times makes a good point—”It is time to acknowledge reality and change course.”
Take control of your workplace safety today.
Marijuana policy is evolving quickly—and employers cannot afford to fall behind.
If you need help reviewing your drug testing program, updating policies, or navigating complex state marijuana laws, we’re here to help. Contact us today for a consultation and ensure your workplace safety strategy is aligned with today’s risks and tomorrow’s regulations.
Copyright © 2010-2026 The Current Consulting Group, LLC – No portion of this article may be reproduced, retransmitted, posted on a website, or used in any manner without the written consent of the Current Consulting Group, LLC. When permission is granted to reproduce this article in any way, full attribution to the author and copyright holder is required.
[i] Executive Order. Dec. 2025. https://www.whitehouse.gov/presidential-actions/2025/12/increasing-medical-marijuana-and-cannabidiol-research/
[ii] It’ s Time for America to Admit That It Has a Marijuana Problem. New York Times. Feb. 2026. A subscription may be required to read this article. https://www.nytimes.com/2026/02/09/opinion/regulate-legalized-marijuana.html. Another article about the New York Times editorial can be found at https://www.foxnews.com/media/ny-times-walks-back-stance-marijuana-legalization-admits-loosening-policies-has-made-country-worse-off
[iii] New York Times.
[iv] New York Times.
[v] The Illegal Cannabis Market in America is Still 3x Bigger Than the Legal Marijuana Market. Cannabis.net. May 2024. https://cannabis.net/blog/news/the-illegal-cannabis-market-in-america-is-still-3x-bigger-than-the-legal-marijuana-market
[vi] New York Times
[vii] Over 40% of Deceased Drivers in Motor Vehicle Crashes Test Positive for THC, Study Shows. American College of Surgeons. Oct. 2025. https://www.facs.org/media-center/press-releases/2025/over-40-of-deceased-drivers-in-motor-vehicle-crashes-test-positive-for-thc-study-shows/
[viii] Quest Diagnostics Drug Testing Index™. Full year 2024. Tables https://www.questdiagnostics.com/content/dam/corporate/restricted/documents/drug-testing-index/DTI-2025-Tables.pdf
[ix] Quest.
[x] Post-Accident Workforce Drug Positivity for Marijuana Reached 25-Year High in 2022, Quest Diagnostics Drug Testing Index Analysis Finds. May 2023. https://ir.questdiagnostics.com/press-releases/press-release-details/2023/Post-Accident-Workforce-Drug-Positivity-for-Marijuana-Reached-25-Year-High-in-2022-Quest-Diagnostics-Drug-Testing-Index-Analysis-Finds/default.aspx#:~:text=Increase%20Seen%20in%20the%20General,provider%20of%20diagnostic%20information%20services.
[xi] What Can Employers Learn About the Effectiveness of Drug Testing from Current Consulting Group’s 2025 Employer Survey? Current Consulting Group. Nov. 2025. https://currentconsultinggroup.com/what-can-employers-learn-about-the-effectiveness-of-drug-testing-from-current-consulting-groups-2025-employer-survey/
[xii] Quest
[xiii] NY Times walks back stance on marijuana legalization, admits loosening of policies has made country worse off. Fox News. Feb. 2026. https://www.foxnews.com/media/ny-times-walks-back-stance-marijuana-legalization-admits-loosening-policies-has-made-country-worse-off
[xiv] New York Times reverses on pot, admits legalization brought worse outcomes. CBS 4 News. Feb. 2026. https://cbs4local.com/news/nation-world/new-york-times-reverses-on-pot-admits-legalization-brought-worse-outcomes-marijuana
[xv] ‘Time to Acknowledge Reality’: The New York Times Warns America Has a ‘Marijuana. Mediaite. Feb. 2026. https://www.yahoo.com/news/articles/time-acknowledge-reality-york-times-152659531.html?fr=sycsrp_catchall
