Showing Posts In "Drug and Alcohol Screening" Category

To Understand Reasonable Suspicion Drug and Alcohol Testing in California Specifically, You Must First Recognize How California Differs from Other States

In 1972, the California Constitution was amended by the voter initiative and specifically added a right to privacy for all Californians – making it the only state to have such constitutional protection. In 1994, the California Supreme Court concluded that the reasonableness of workplace drug testing must be balanced between the employer’s legitimate interests and […]

Marijuana Laws Are Changing: Here’s What to Consider for Your Workplace

The positivity rate for marijuana in workplace drug testing is reportedly at its highest levels since 2004, demonstrating an increase of about 17 percent since 2014 and nearly 24 percent for federally-mandated drug testing. Although marijuana is still classified as a Schedule I substance under the Controlled Substances Act, laws have been enacted at the […]

Marijuana Laws and Disability Discrimination: What Employers Need to Know

Although some state laws have legalized marijuana for both medical and recreational use, the drug remains illegal under the federal Controlled Substances Act (CSA). A recent federal district court case has added to the confusion for employers who are questioning how the new state laws affect existing drug policies. In Noffsinger v. SSC Niantic Operating […]

Medical Marijuana, Employers, and Drug Policies

Although the use of medical marijuana now is permitted in most states, it still is banned under the Controlled Substance Act. In fact, the Ninth Circuit in James v. City of Costa Mesa (2012) found that the Americans With Disabilities Act (ADA) provides no protections for medical marijuana users. Because Ohio law provides several employer-friendly […]

How Marijuana Laws Affect Workplace Policies for Municipalities in Michigan

The Michigan Regulation and Taxation of Marihuana Act (the “Act”), passed by Michigan voters in November 2018, provides that adults age 21 and older can possess up to 2.5 ounces of marijuana on their person or up to 10 ounces in their home. Adults can also grow (but not sell) up to 12 plants in […]

Michigan Court of Appeals Holds That Medical Marihuana Act Does Not Prohibit Employers from Rescinding Offers of Employment After Positive Tests

The Michigan Court of Appeals has held that an employer does not violate Section 4 of the Michigan Medical Marihuana Act (MMMA) when it rescinds a conditional offer of employment based upon a positive drug test. Angela Eplee was a qualifying patient under the MMMA with a valid registry card when she applied for a […]

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

The South Carolina Supreme Court recently held that drug-testing companies conducting tests on South Carolina employees owe a duty of care to those employees in Shaw v. Psychemedics Corporation. Under the case, an employee may sue a drug testing company for negligence based on the company’s contractual relationship with the employee. A number of factors […]

Court Finds Implied Right of Private Action in Arizona’s Medical Marijuana Law

The federal district court in Arizona has discovered that implied rights exist for medical marijuana users to sue employers. The employee in Whitemore v. Wal-Mart Stores, Inc., was subjected to a drug test following a workplace injury. When she was terminated after she tested positive for marijuana, she sued the business, arguing that she had […]

Florida Governor Ron DeSantis Signed Bill Permitting Patients to Smoke Medical Marijuana

In May, a circuit court judge in Florida ruled that the state’s legislature ban on smoked medical marijuana is unconstitutional, stating that it conflicts with the intent of the constitutional amendment to legalize medical marijuana that was passed by voters in 2016. Lawmakers, who were tasked with coming up with a compromise, adopted SB 182, […]

Navigating Workplace Drug Testing Has Never Been More Challenging – Or More Critical

At the time Clarissa Windham-Bradstock, CEO/Chief People Officer of Any Lab Test Now, authored a piece on navigating workplace drug testing, 33 states had legalized marijuana for medical use and 10 for recreational means. The direct access lab testing company offered a few guiding words for employers who want to better understand changing drug laws […]

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