You do not need to change your policy when an applicant tests positive for marijuana in your state or in other states where marijuana remains illegal under state law. However, if you will be testing applicants at locations in states where marijuana is legal, you would need to follow the laws of the state where the employee is working. In some states, an employer should not rush to take a negative action against a medical marijuana cardholder who tests positive. An employer should consider whether an accommodation can be made before taking any action.