Q: What is marijuana?
A: Marijuana is the product of the hemp plant, Cannabis sativa, containing the psychoactive chemical delta-9-tetrahydrocannabinol (THC) and other related compounds. Popular names or bslang for the drug include weed, pot, or cannabis.

Q: How do people use marijuana?
A: Marijuana is typically smoked using rolled paper cigarettes (joints), pipes, water pipes (bongs), and vaporizers. However, the drug is also mixed into edibles and drinks and extracted into oils and waxes.

Q: How does marijuana affect users?
A: Marijuana use impacts the human body both physically and mentally. The “high” from the drug can include distorted senses, impaired judgment, lack of balance and coordination, increased appetite, elevated heart rate, and sometimes anxiety and panic.

Q: How many people use marijuana?
A: Below is the most current data estimating marijuana use.
-The National Survey on Drug Use and Health (NSDUH) reports more than 26 million Americans aged 12 or older, or 9.6% of the total population, were current users of marijuana in 2017.
-The World Drug Report 2019 estimates that there were 188 million global cannabis users in 2017.
-Marijuana comprised the most common substance use disorder, impacting an estimated 4.1 million Americans in 2017, according to the NSDUH.

Q: Can an employer drug test for marijuana?
A: Yes. There are currently no restrictions (other than New York City which is expected to implement restrictions beginning in May 2020) limiting an employer’s ability to drug test for marijuana, although there may be limitations on permissible disciplinary action that an employer may take if an employee is using marijuana in accordance with that state’s marijuana
laws. In general, state medical and recreational use statutes impact only a very small number of employees in most workplaces. Today, more than 97.6% of all non-regulated drug tests include marijuana in their panel (according to Quest Diagnostics).

Q: What is the marijuana positivity rate for workplace drug tests?
A: The latest Quest Diagnostics Drug Testing Index ™ reported that marijuana continues to top the list of the most commonly detected illicit substances across all workforce categories (general U.S. workforce; federally mandated, safety-sensitive workforce; and the combined U.S.
workforce, which includes the prior two populations) and all specimen types (urine, oral fluid, and hair).

Q: How is marijuana classified under Federal law?
A: Under Federal law, marijuana remains classified as a Schedule I drug under the Controlled Substances Act (CSA) and is illegal for any purpose. Drugs classified under Schedule I are defined as dangerous with a potential for severe psychological or physical dependence and are considered to have a “high potential for abuse” with “no currently accepted medical value.”

Q: How is marijuana classified under state law?
A: Despite its status under Federal law, states continue to pass legislation regarding permissible uses of marijuana for both medical and recreational purposes. State marijuana laws are inconsistent and constantly changing. Among other things, these state laws can impact company drug testing policies and procedures, workplace drug testing program administration, and how drug test results are reviewed and handled. As of August 2019:
-33 states and Washington, D.C. have medical marijuana laws
-11 states and Washington, D.C. with medical marijuana have also passed recreational use laws
-14 other states have low THC/high cannabidiol (CBD) laws for medical purposes

Q: How can states continue to pass medical and recreational marijuana legislation if marijuana is illegal under Federal law?
A: Even though marijuana is illegal for any purpose under the CSA, the enforcement of the CSA is within the discretion of the federal government. During the Obama administration, federal agencies, including specifically the Department of Justice, de- prioritized marijuana enforcement in states with medical marijuana laws through policy guidance. Congress has also previously passed statutory budget amendments to limit federal agency enforcement initiatives that interfere with state medical marijuana laws.

Q: How do state laws influence marijuana use in the workplace?
A: The extent of employment protections are afforded to employees in states that have passed marijuana legislation varies widely from state to state. Currently, employees protections fall broadly into four general categories:
1. States with no employee protection.
2. States likely providing no employee protections
3. States with explicit employee protections
4. States with unclear employee protections

Q: If an employee tests positive for marijuana/marijuana metabolites on an employment-related drug test, does that mean the employee is ‘impaired?’
A: No, a positive workplace drug test alone does not equate to impairment. While employment policies often prohibit employees from using drugs or being impaired at the worksite or during work hours, there is currently no drug workforce test (excluding alcohol tests measuring blood alcohol concentration) that can inform an employer as to whether an employee is ‘impaired’ based on the concentration (level) of drugs/metabolites present in a donor specimen. Some state laws explicitly address what can and cannot be considered for determining whether an employee is ‘impaired’ by marijuana, but most do not. Proper guidance and training of employees and supervisors to recognize objective, observable behavior and other symptoms related to drug use are critical for making impairment and reasonable suspicion drug testing determinations.
-Note: Only a handful of states have defined impairment due to marijuana use as it relates to operating a motor vehicle and those levels in blood vary. Currently, there is no consensus on what the standard of impairment is for marijuana.

Q: What are some important considerations in a company policy for marijuana?
A: It is imperative that employers maintain clearly written, and consistently applied, workplace drug testing policies that comply with all applicable laws. Drafting and implementing a written workplace drug testing policy should be undertaken only after consultation with an attorney knowledgeable of the applicable laws.

Q: What are some common misperceptions about marijuana?
A: Common misconceptions about marijuana include that the substance is harmless, not addictive, and lacks long-term effects.

Q: Is all marijuana the same?
A: No. Marijuana has various strains and hybrids, with varying THC levels (i.e. potency). It is grown under varying conditions and is sold in nonstandard amounts at marijuana dispensaries. According to the National Institute on Drug Abuse (NIDA), today’s THC concentrations in marijuana average close to 15% compared to approximately 4% in the marijuana of the 1980s.

Q: Is medical marijuana safe?
A: While the Food and Drug Administration (FDA) has approved several synthetic THC and CBD drugs for use in chemo-induced nausea and epilepsy treatments. Marijuana remains illegal at the Federal level and the FDA has not approved it as a safe and effective drug.

Q: What is the standard dose of marijuana used medicinally?
A: There are no standard safety or efficacy requirements for medical marijuana because the “U.S. Food and Drug Administration has not approved a marketing application for marijuana for any indication.” In those states with medical marijuana statutes, physicians or other authorized providers may provide a “recommendation” of medical marijuana use, but may not legally “prescribe” marijuana. Synthetic THC (e.g., dronabinol capsule) can be prescribed and is dispensed based on recommended dosing guidelines and the physician’s judgment.

Q: Can someone taking cannabidiol (CBD) test positive on a drug test?
A: Maybe. In laboratory testing, CBD itself would not be confused with THC or its metabolites that laboratories typically test for in a workforce drug test. If the CBD product contains THC at a sufficiently high concentration, it is possible, depending on usage patterns, that the use of these products could cause a positive drug test result for marijuana and/or its metabolites. For example, in two states, CBD may contain up to 5% THC. It is important to remember that for federally-mandated drug tests, the use of CBD or “medical marijuana” would not be considered an alternative medical explanation for a positive drug test result.

Q: Can secondhand marijuana smoke render a positive drug test?
A: There are no published, peer-reviewed studies to date that indicate, even with today’s increased concentrations of THC in marijuana, that someone would test positive due to ‘passive’ or ‘incidental’ exposure at events such as parties or concerts.” The National Institute on Drug Abuse (NIDA) concurs, reporting that it unlikely that secondhand marijuana smoke could give someone a contact high after examining research that measured factors such as drug potency, hours of exposure, and room ventilation.

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We thought that these statistics might be useful to consider as you strive to make or update your own workplace drug policies.

This NSC survey was taken by over 500 individuals that make decisions about workplace drug and alcohol programs for their companies. While 86% of the respondents agreed that opioids (even while taken as prescribed) impact job performance, only half (50%) of respondents felt confident about their company’s substance abuse policies and procedures.

Some other interesting statistics from the survey included:

-75% of employers have been directly affected by opioid use
-79% of employers are not very confident that individual employees can spot warning signs of opioid misuse
-One-third of employers have experienced an overdose, arrest, or injury/near-miss
-38% of employers have experienced absenteeism or impaired worker performance
–Despite widespread impact, only 17% of employers feel extremely well prepared to deal with this issue

Nick Smith, interim president and CEO of NSC said, “The opioid crisis is truly encompassing nearly every aspect of American lives. Today’s survey confirms that the No. 1 cause of preventable death is not just taking its toll on our home lives but companies across the country are also grappling with the impact of this epidemic.”

If you have questions about reasonable suspicion training or how you can help get your supervisors trained to handle drug and alcohol abuse within the workplace, please contact us! We’ll help you get it figured out. All Blueline Service clients have access to our FREE reasonable suspicion training materials.

You can contact our drug testing department at mail@blueline-services.com. Please feel free to take a look at NSC’s drug use guide as well here.

The post Employers Speak Up About Illicit Opioid Use At Work appeared first on Blueline.

This is one of the most common questions or hesitations that we get from both employers and employees about drug testing.

Both sides of the issue are a little bit tricky, but the short answer is yes. Yes, an employer can require prescription medication disclosure, and, yes, employees must disclose medication if requested to do so by the employer. However, an employer can’t just require employees to disclose their prescriptions without having good reason to.

When is it appropriate to have a prescription medication disclosure in your workplace drug testing policy?

Unfortunately, there is no specific hard and fast rule for being allowed to mandate disclosure of prescription medications. The issue of privacy is very important in regards to protecting an employee’s rights. However, the issues of safety and liability beat out privacy in the case of safety-sensitive work. If there is a chance that the employee or others could be harmed due to impairment from a prescription drug, then employers are able to require prescription medication disclosure. As a general rule, employers must be able to prove that their request is job-related and consistent with business necessity.

Referencing current and past court cases related to prescription drug policies. The following seem to be good indicators that prescription drug policies should be enforced:

1. The employee is engaged in safety sensitive duties.
2. The drug in question may impact the employee’s ability to engage in safety-sensitive duties adversely.
3. The disclosure is only related to on-the-job drug use.
4. The information required to be disclosed is treated by the employer with the utmost discretion in order to safeguard the employee’s privacy.

If you have questions about getting started with drug testing for your own organization, please give us a call at 888-919-8378 or email us at mail@blueline-services.com. We’re more than happy to help!

The post Prescription Medication In The Workplace appeared first on Blueline.

As of February 1st, 2018, Maine became the first jurisdiction in the nation to protect workers from negative employment actions based on off-duty marijuana usage.

While Maine voters approved these protections back in November of 2016 with the legalization of marijuana (“Question 1 – An Act to Legalize Marijuana” or “the Act”), some sections of the Act were delayed to provide additional time to prepare for the changes.

These employment anti-discrimination provisions from the Act are now effective, however, and are changing the way Maine does drug testing.

What exactly do Maine’s new employment protections cover?

The employment protections in the Act prohibit Maine employers from refusing to employ or otherwise penalizing any person age 21 or older based on that person “consuming marijuana outside… employer’s… property.” Job applicants are also no longer allowed to be tested for marijuana.

Exceptions to these new rules include employers who receive federal funding or are hiring for safety sensitive positions where marijuana is still prohibited.

Under the Act, employers are allowed to ban the use and possession of marijuana “in the workplace” and given the right to “discipline employees who are under the influence of marijuana in the workplace”.

However, a drug test alone will not be able to prove that an employee is “under the influence”, the Maine Department of Labor stated.

Unlike alcohol, where impairment can be confirmed with a blood alcohol test, marijuana does not currently have any sort of impairment test equivalent. Testing for marijuana is currently only able to see if someone has used marijuana in the past couple of days or weeks, not if it is presently in their system.

In order to fire an employee based on workplace marijuana usage, employers must be able to prove symptoms of impairment.

However, if someone isn’t performing their job well or is doing something that would be cause for termination, employers are, of course, able to let that person go. What employers are no longer able to do based on Maine’s state laws is fire someone solely on their use of marijuana outside of the workplace.

What should you do as an employer?

All employers, both in Maine and outside of it, would be well-advised to revisit their drug and alcohol policies. Ensuring that these policies are clearly defined to both current and potential employees will help protect yourself, your employees, and get rid of any gray areas.  With the recent legalization of marijuana in many states, it’s more important than ever to make sure both you and your employees understand your state and your individual company’s drug testing policies.

All states with legalized marijuana, aside from Maine, currently have exemptions for workplace drug testing policy. This means that the employment protections above are not applicable to other states, and employers are able to fire employees for failing a drug test based on marijuana usage.

Depending on your industry and workplace environment, you might have a different set of policies than your neighboring company.

More information and updates on recreational marijuana law in Maine can be found on Maine’s legislature page here: https://legislature.maine.gov/9419

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