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drug testing

  • by Paul Armentano, NORML Deputy Director June 7, 2019

    Democratic Gov. Steve Sisolak has signed legislation into law prohibiting certain employers from refusing to hire a worker because he or she tested positive for cannabis. The new law takes effect on January 1, 2020.

    Assembly Bill 132 makes it “unlawful for any employer in [Nevada] to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.”

    The law is not applicable to prospective employees seeking certain safety sensitive positions, such as those seeking employment as firefighters, emergency medical technicians, or federally licensed drivers.

    Earlier this year, New York City lawmakers enacted municipal legislation barring non-safety sensitive employers from administering marijuana drug tests to prospective employees.

    Urinalysis drug screening, which is most commonly utilized by employers, detects the presence of inactive marijuana metabolites. The residual presence of these compounds may be detectable in urine for several weeks or even months following cannabis abstinence.

    In recent days, the Governor has also signed legislation into law facilitating the expungement of prior marijuana convictions, expanding the state’s medical cannabis access program, and encouraging financial institutions to work with licensed marijuana businesses and to process financial transactions.

    For more information on pending legislation, visit NORML’s Take Action Center.

  • by Paul Armentano, NORML Deputy Director May 14, 2019

    City lawmakers have successfully passed a pair of municipal bills limiting situations where those seeking employment or on probation may be drug tested for past cannabis exposure.

    Democratic Mayor Bill DeBlasio on Thursday permitted both bills to become law absent his signature.

    Commenting on the new laws, NORML Executive Director Erik Altieri said: “These reforms protect the civil liberties of New Yorkers and promote fair treatment. There is no reason to treat cannabis consumers as second class citizens. We shouldn’t penalize those who privately use cannabis responsibly from gainful employment, nor should the courts seize upon this behavior as a justification to return someone to jail or prison.”

    Bill No. 1427 states, “The department of probation shall not require individuals to submit to marijuana testing unless a determination is made, based on an individuals’ history and circumstances, that abstinence from marijuana is necessary to otherwise lead an otherwise law-abiding life.” The new law takes immediate effect.

    Bill No. 1445 states, “[I]t shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.” Exceptions to the new law include those employees seeking certain safety sensitive positions – such as police officers or commercial drivers – or those positions regulated by federal drug testing guidelines. The law take effect in one year.

    Additional information is available from the NORML fact-sheet, “Marijuana Legalization and Impact on the Workplace,” online here.

  • by Paul Armentano, NORML Deputy Director April 11, 2019

    Members of the New York City Council approved a pair of municipal bills this week limiting situations where those seeking employment or on probation may be drug tested for the past use of cannabis.

    Council members overwhelmingly voted in favor of a municipal proposal (No.1445) barring employers from drug testing certain job applicants for the presence of marijuana.

    The proposal states, “[I]t shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.” Council members passed the bill by a vote of 40 to 4.

    Under the plan, employees seeking certain safety sensitive positions – such as police officers or commercial drivers – or those positions regulated by federal drug testing guidelines, would be exempt from the municipal law.

    The measure now awaits final approval from City Mayor Bill DeBlasio. The new rules would take effect one-year after being signed into law.

    Studies have identified the presence of the inert carboxy-THC metabolite in the urine of former marijuana consumers for periods of several months following their last exposure.

    Council members also advanced separate legislation (No. 1427) to the Mayor’s office limiting situations in which persons on probation may be drug tested. Once signed, the new rules will take immediate effect.

    A resolution (Res. 641) calling on the New York City officials to expunge the records of all city misdemeanor marijuana convictions is pending. New York City police made over 78,000 marijuana possession arrests between the years 2014 and 2017.

  • by Paul Armentano, NORML Deputy Director March 15, 2019

    Marijuana HempRepublican Gov. Ken Stitt signed legislation yesterday, HB 2612, clarifying regulations and patient protections specific to the medical use of cannabis. A majority of voters last June approved a statewide initiative authorizing the plant’s use, cultivation, and dispensing.

    The new legislation codifies a new regulatory bureau, the Oklahoma Medical Marijuana Authority, within the State Department of Health, establishes a registry for qualified patients and their caregivers, and establishes a revolving fund to address oversight matters.

    It strengthens patient protections by explicitly stipulating that registered cannabis consumers may not be denied public assistance, access to firearms, or employment solely based on their patient status. It further states, “No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana components or metabolites.”

    The bill seeks facilitate standards for banks who wish to partner with medical cannabis businesses, and prohibits local governments enacting “guidelines which restrict or interfere with the rights of a licensed patient or caregiver to possess, purchase, cultivate or transport medical marijuana.”

    Members of the House voted 93 to 5 in favor of the legislation. Senate members voted in favor of the bill by a margin of 43 to 5.

    An estimated 55,000 Oklahomans are registered with the state to access medical cannabis.

  • by Kevin Mahmalji, NORML Outreach Director October 3, 2018

    With 47 states and the District of Columbia permitting the use of marijuana or its extracts in some form, new questions concerning employers’ rights, lawful marijuana use by employees, and maintaining a safe workplace have been raised. The biggest issue? While it’s legal to possess and consume marijuana in several states, it’s still illegal under federal law, an inconsistency that has created some confusion for employers who are unsure how to address marijuana in the workplace from a policy perspective. This untenable situation puts millions of law-abiding and responsible adults at risk of losing their employment simply because of a THC-positive drug test.

    Workplace Drug Testing

    Urinalysis testing is the most common form of pre-employment and workplace drug testing, but because it only detects trace metabolites (inert waste-products) of past use of a wide range of substances, they fail to prove either impairment or how recently marijuana was consumed. This activity is particularly discriminatory in the case of marijuana, where such metabolites may be detectable for weeks or even months after consumption.

    Surprisingly, there is no requirement for most private employers to have a drug-free workplace policy of any kind. However, there are a few exceptions such as federal contractors and safety-sensitive positions (e.g. airline pilots, truck and bus drivers, train conductors, etc.). Even employers who are required to maintain a drug-free workplace are not required to use drug testing as a means to enforce company policies.

    Impairment Detection

    New technology developed in recent years provides an extraordinary opportunity to change the way we discuss the issue of workplace drug testing. By embracing a new strategy that emphasizes the importance of impairment detection and workplace safety, we can reframe the conversation to focus on creating a 21st century workplace that’s free of dangerous impairment levels, not just from illegal substances, but also alcohol, prescription drugs, stress, and fatigue.  

    That’s why we’re stressing the importance of impairment detection. One example of such a technology is from Predictive Safety, a company based in Centennial, Colorado that created AlertMeter, which measures a person’s cognitive abilities with a 60 second test and can easily be used on most smart devices.

    “The road to normalization is about detecting impairment, not past marijuana use. The only thing that should matter is, ‘Are you fit for work?,’ not, ‘Have you ingested marijuana?,’” said Carol Setters of Predictive Safety.

    Vforge, an aluminum fabrication company has been using this new technology for several years. As a result, they’ve seen a 90% decrease in drug testing costs and a 70% reduction in worker compensation claims – further proof that a new strategy focused on impairment detection is not only beneficial for employees, but more profitable for companies as well. This changes the dynamic of the conversation all together.

    AlertMeter: https://vimeo.com/253068230

    Unlike drug tests that do not measure impairment, implementing reasonable impairment testing contributes to safe workplaces while protecting individual rights.

    What’s Being Done?

    NORML chapters from around the country are shifting their attention to protecting honest, hardworking marijuana consumers from antiquated, discriminatory workplace drug-testing practices, in particular the use of random, suspicionless urine testing. Earlier this year NORML chapters in Colorado and California worked diligently to address the issue legislatively, but experienced push back from conservative lawmakers and pro-business organizations, respectively.

    Several states including Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine*, Minnesota, Nevada, New York, Pennsylvania Massachusetts and Rhode Island currently prohibit employers from discriminating against workers based on their status as a medical marijuana patient. Laws in Arizona, Delaware, and Minnesota specify that a positive drug test alone does not indicate impairment. Similar protections have long applied to medical use of opiates and other prescription drugs.

    Looking ahead, NORML chapters in California, Colorado, Oregon, Nevada, and Washington are planning their legislative strategies and educating lawmakers on the issue in advance of their 2019 state legislative sessions. We’ll likely see legislation to address workplace drug testing introduced in California, Oregon and Colorado while chapters in other states will focus their time and energy on educational efforts.

    At the federal level, Representative Charlie Crist recently introduced H.R. 6589: The Fairness in Federal Drug Testing Under State Laws Act, bipartisan legislation that would explicitly prohibit federal agencies from discriminating against workers solely because of their status as a marijuana consumer, or testing positive for marijuana use on a workplace drug test.

    Marijuana Legalization and Workplace Safety

    Mounting evidence continues to prove there is no logical reason why adult marijuana consumers should be treated with any less respect, restricted more severely, and denied the same privileges we extend to responsible adults who enjoy a cocktail after a long day at the office. As a matter of fact, researchers with Colorado State University, Montana State University, and American University came to the conclusion that the legalization and regulation of medical marijuana is associated with a 19.5% reduction in the expected number of workplace fatalities.

    “Our results suggest that legalizing medical marijuana leads to a reduction in workplace fatalities among workers aged 25–44. This reduction may be the result of workers substituting marijuana in place of alcohol and other substances that can impair cognitive function and motor skills.”

    Read more here: http://blog.norml.org/2018/08/10/study-medical-cannabis-access-laws-associated-with-fewer-workplace-fatalities/

    Additionally, researchers with Quest Diagnostics recently found that the rate of positive drug tests in Colorado, where medical and adult-use marijuana is legal, increased by 1% between 2016 and 2017 while the national average increased by 4% during the same timeframe.

    “When Colorado and Washington state legalized recreational marijuana, a short-lived spike occurred in the rate of positive drug tests, but it has since tapered off,” said Barry Sample, Quest’s senior director for science and technology.

    Read more here: https://www.cbsnews.com/news/legal-marijuana-hasnt-led-to-epidemic-of-high-workers/

    The following factsheet highlights several recent peer-reviewed studies assessing the potential impact of marijuana regulation on workplace safety and performance: http://norml.org/aboutmarijuana/item/marijuana-legalization-and-impact-on-the-workplace

    Considering marijuana’s increasingly legal status and availability in states across the country, consumers should no longer be forced to choose between a job and consuming a legal substance that doesn’t impair the facilities because of outdated employment practices.

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