A wrongful death suit was filed against Ford Motor Co. for failing to drug test an employee. A full-time employee of Ford collapsed at work and was brought to a hospital, where he later passed away. A toxicology report showed that this employee had marijuana, fentanyl, and alcohol in his system at the time of death. Ford Motor had a workplace drug policy, but they failed to implement it. The lack of supervision prompted employees to use drugs and alcohol while at work. The claim was filed stating that Ford was negligent with its workplace practices, which ultimately led to the death of this individual.

As the acceptance of illegal and recreational drug use rises throughout the US, the need for a firm workplace drug policy has never been more critical. Employers are held responsible for the actions of their employees while on the clock, especially when employers are willfully negligent of safety measures in the workplace and their own company policy. Choosing not to have a drug testing policy, or choosing to have one but not implementing it, can have serious negative consequences that may reflect poorly on your company.

Knowing what drugs to test for, what method to use, who and when to test, and how testing should be done can be confusing. Luckily, Blueline has you covered. Our experts can help you develop a workplace drug policy that is tailored to your organization’s every need.

The post LEARN FROM FORD MOTOR CO.’S DRUG TESTING MISTAKE appeared first on Blueline.

The need for drug testing has never been more crucial…and employer liability only increases as society becomes more casual in the acceptance of drug abuse.

Legalization

Now we may not be as laid back as our friends up north who are handing out free drugs to everyone, but more and more places in the US are legalizing drugs. The CDC reported in June 2020 that 13% of adults, age 18 and older, started or increased their substance use as a result of the pandemic. This means that 33.6 million adults began using illicit drugs to cope with emotions related to COVID-19. ODMAP, an overdose reporting system, found that 62% of US counties experienced increased drug overdoses due to the pandemic.

To keep your workplace safe, productive, and drug-free, knowing all your drug testing options is essential. Common drug test types include urine, saliva, and hair testing.

What Should I Test For?

It is essential to know which drugs to screen for. Some commonly abused drugs are:

• Narcotics: includes heroin, fentanyl, morphine, opium, methadone
• Depressants: includes benzodiazepines, barbiturates, methaqualone, quaaludes
• Stimulants: includes cocaine, amphetamines, methylphenidate, methamphetamine
• Hallucinogens: common “club drugs” such as ecstasy, LSD, phencyclidine
• Cannabis: includes marijuana, THC, hashish
• Synthetics: includes spice, bath salts, anabolic steroids

Types Of Testing Available

It is also essential to review your company policy to ensure all your drug testing needs are being met. Blueline offers many different testing options. Our most popular tests are:

• 5 Panel: includes amphetamines, cocaine, marijuana, opiates, and phencyclidine
• 7 Panel: consists of all 5-panel drugs, plus barbiturates and benzodiazepines
• 9 Panel: consists of all 7-panel drugs, plus barbiturates propoxyphene
• 10 Panel: includes all 9-panel drugs, plus methadone and methaqualone
• Popular Add-ons: tramadol, meperidine, fentanyl, spice, bath salts

Knowing which drugs to screen for can be tricky. Luckily, Blueline can help you navigate the right testing configuration for your organization and the proper drug testing policy catered specifically to your needs.

The post It’s Been a While Since Breaking Bad, so Here’s Your Refresher Course on Illegal Drugs appeared first on Blueline.

Vaping and nicotine also doubled between 2017 and 2018 among college students. This study found that 43% of full-time college students (ages 19-22) reported using marijuana at least once in the past year. With twenty-five percent reported having used marijuana in the past 30 days.

Same-age high school graduates that aren’t full-time college students also showed similar trends with a respective 43% and 27% being at their highest rates since the 1980s.

While these rates may not seem that surprising considering the recent changes in marijuana legislation, that doesn’t make them less worrisome. John Schulenberg, the principal investigator of the Monitoring the Future Panel study said, “The brain is still growing in the early 20s, and as the Surgeon General just reported, the scientific evidence indicates that heavy marijuana use can be detrimental to cognitive functioning and mental health.”

“Getting a foothold on the roles and responsibilities of adulthood may be all the more difficult for these 1-in-9 non-college youth who use marijuana on a daily or near-daily basis. As for college students, we know from our research and that of others that heavy marijuana use is associated with poor academic performance and dropping out of college.”

The post Marijuana Use Highest In 35 Years Among U.S. College Students appeared first on Blueline.

All of the information they shared has been sourced from and recognized by the medical and/or scientific communities and should merit some serious consideration. We’ve shared their research and information below for your benefit.

“Marijuana is harmless.”

-Marijuana use is associated with increased risks of: mental illness (Burns, 2013), heart disease (Montecucco, 2012), cancer (Marks, 2013), lung disease (Mehra, 2006) and stroke (Wolff, 2013); compared to tobacco, marijuana smoke contains three to five times more carcinogens (Tomar PhD & al., 2009).
-The structural brain change caused by marijuana use by adolescents and young adults – including only casual use – is permanent. IQ points are lost – and cannot be recovered with age (Meier M., 2012).
-Exposure to so-called “edibles” has led to a significant increase in the poisoning of young children. (Wang, 2014).
-The side effects from marijuana have led to far more emergency room visits than all other substances combined (SAMHSA, 2013).

“Marijuana is medicine.”

-The American Medical Association, American Psychiatric Association, American Society of Addiction Medicine, National Multiple Sclerosis Society, American Glaucoma Society, American Academy of Ophthalmology, American Cancer Society, National Eye Institute, National Institute for Neurological Disorders and Stroke and, the Federal Food and Drug Administration – these are only some of the prominent national health organizations that have rejected crude marijuana for medicinal use.
-State regulatory oversight of marijuana for medical use in Colorado has been highly touted as a model of success. Regardless, while the state’s website shows registrant demographics at 3% for cancer, and 1% for AIDS, those who “complain of pain” equal a whopping 94% (CDPHE, 2014). And these registrants are not the sick and elderly; rather, the average cardholder is a 41-year-old male – in the workforce. In California, the average user of marijuana for medicinal use is a 32-year-old male with a history of alcohol and substance abuse – and no history of life-threatening illnesses (O’Connell, 2007).

“The marijuana ‘high’ only lasts for a few hours.”

-Repeated studies have shown that after marijuana use, impairment lasts a minimum of 24 hours. One particular study included flight simulators – to test airline pilots at various intervals after they smoked “a joint.” While impairment was proven 24 hours after usage, none of the pilots reported any awareness of their own impairment (Yesavage, Leirer, Denari, & Hoillister, 1985). And this study was conducted prior to the significant THC increases seen in today’s marijuana products – where users often report ill effects for days afterward.

“Presence-in-system testing is unreliable because it does not measure impairment.”

–The amount of THC – the psychoactive component in marijuana – is going to vary across the wide variety of marijuana products now available as well as in the rate that it is metabolized by different individuals. While these variants currently make it difficult to produce a standardized method by which individual impairment can be determined with certainty, they should not be construed into some kind of base rate fallacy. The reality is that drug testing is meant to serve as one component of an employer’s comprehensive drug-free workplace policy – that includes education about the consequences of failing a drug test.
-While drug screening and confirmatory cut-off levels have been established that are meant to protect a safe and drug-free workplace from substances of abuse, studies clearly show that maintaining as little as 2-5 ng/mL of marijuana in one’s system may cause substantial impairment issues (Hartman & Huestis, Cannabis Effects on Driving Skills, 2012).
-Presence-in-system testing is the gold standard upheld in repeated court decisions – protecting an employer’s right to provide a safe and drug-free workplace program.

“Marijuana is not addictive.”

-It’s been generally recognized that marijuana is psychologically addictive. Today’s strains of THC are stronger – and now produce physiological dependence and withdrawal that requires substance abuse treatment (Copeland, 2009). According to the National Institute on Drug Abuse, marijuana accounted for 4.5 of the 7.1 million Americans dependent on or abusing illicit drugs in 2010 (SAMHSA, 2010).
-Statistically, one in six adolescent users will become dependent on marijuana – and one in 10 adult marijuana users will become dependent to the point of requiring treatment (Giedd, 2004).
-When chronic marijuana users attempt abrupt discontinuation, the signs of withdrawal syndrome – restlessness, irritability, mild agitation, hyperactivity, insomnia, nausea, cramping, decreased appetite, sweating and increased dreaming – are common (NHTSA, 2014).

“Marijuana can be regulated like alcohol.”

-One would be hard-pressed to find anyone who would hail alcohol regulation as a public health success. For every $1 of tax revenue received in the U.S. from alcohol sales, $10 more are spent on the social costs – amounting to an annual deficit of $185 billion/year (NIDA, 2000). Further, the physical properties, effects on the body, absorption rates, etc. are not in any way the same between marijuana and alcohol – and no standardized techniques for testing exist for marijuana. Claims that marijuana can be regulated like alcohol – based on assumptions of similarity – are extremely misguided.

“Marijuana is not a gateway drug.”

-A 25-year longitudinal study found the frequency of marijuana use to be significant with other illicit drugs of abuse and dependence – particularly with adolescent onset use (Fergusson, Horwood, & Boden, 2006).
-Two separate studies of twins compared whether or not early cannabis use showed subsequent abuse or dependence of other illicit drugs. The findings showed two to five times greater risk than that of a twin who did not use marijuana (Lynskey PhD & al., 2003) (Agrawal, Neale, Prescott, & Kendler, 2004).

“Marijuana is safer than cigarettes or alcohol.”

-With the extremely-high THC now found in new productions of edibles, waxes, and hash oil vaporizers, it may well take another generation before how truly harmful the effects of marijuana use can be determined. The permanent damage to brain function and long-term mental health detriments are not only indisputable but incomparable to cigarettes and alcohol across the board. Marijuana creates its own brand of problems. Blanket statements declaring marijuana as “safer” are ignoring the risks identified by scientific data. Addiction, psychosis, and cognitive function loss are never “safer” (Gitlow PhD, 2014).
-Repeated studies have shown that after marijuana use, impairment lasts a minimum of 24 hours. One particular study included flight simulators – to test airline pilots at various intervals after they smoked “a joint.” While impairment was proven 24 hours after usage, none of the pilots reported any awareness of their own impairment (Yesavage, Leirer, Denari, & Hoillister, 1985). And this study was conducted prior to the significant THC increases seen in today’s marijuana products – where users often report ill effects for days afterward.

“There are no long-term effects from marijuana use.”

-A study of 1000 candidates followed from birth to age 38 showed lasting cognitive decline among marijuana users – that did not change with adult abstinence (Meier M., 2012).
-Marijuana use causes a 17% increased risk for depression onset among all users; risk increases to 62% for heavy (or weekly) users (Lev-Ran, 2014).
-Military personnel who use cannabis 10 or more times by 18 years of age are two to three times more likely to be later diagnosed with schizophrenia than those who have not (Zammit, 2002).
-A 40% increased risk of psychotic symptoms/disorders occurs in those who use marijuana as compared to those who do not (Moore, 2007). This finding has been confirmed by over a dozen studies.

“It is safer to drive with marijuana in your system.”

-Studies consistently show that, on average, marijuana-impaired driving results in a two-fold increase in the risk of a crash (MuChen, 2012).
-Impaired cognitive function means lowered attention to surroundings and tasks, reduced speed of information processing, and slower response times –which can lead to weaving and other risky consequences (Hartman & Huestis, 2013). In Colorado, the number of drivers in fatal crashes who tested positive for marijuana nearly doubled from 2009 – 2011 (Couch, 2014).

The post Busting Common Marijuana Myths appeared first on Blueline.

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.

The post Marijuana: Frequently Asked Questions appeared first on Blueline.

They follow the story of “Evan” a self-proclaimed cannabis addict who has been struggling to get sober. While legalization may not be the cause of his weed dependence, it certainly hasn’t helped his struggle. He recalls advertisements with lines such as, “Shop. It’s legal” and “Hello marijuana, goodbye hangover” being “in [his] face” during his hard-fought seven weeks of sobriety.

It was “seven weeks of sleepless nights, intermittent nausea, irritability, trouble focusing, and psychological turmoil” he said, with quitting not being so much of a ‘can’ as a ‘must’.

Evan isn’t alone with his struggle. Similar struggles or addictions are becoming more and more commonplace with the share of cannabis users who consume the drug daily or near-daily having jumped 50 percent in the last few years.

This jump coupled with “increasingly permissive cannabis legislation, attitudes, and lower risk perception” as the National Institute of Health put it, has public-health experts worried. People across the country have gone “from treating cannabis as if it were as dangerous as heroin to treating it as if it were as benign as kombucha”.

The article interviewed Keith Humphreys, a professor of psychiatry and behavioral sciences at Stanford University, who said that the most compelling evidence that marijuana can be damaging comes from the users themselves.

“In large national surveys, about one in 10 people who smoke it say they have a lot of problems. They say things like, ‘I have trouble quitting. I think a lot about quitting and I can’t do it. I smoked more than I intended to. I neglect responsibilities.”

“There are plenty of people who have problems with it, in terms of things like concentration, short-term memory, and motivation. People will say, ‘Oh, that’s just you fuddy-duddy doctors.’ Actually no. It’s millions of people who use the drug who say that it causes problems,” Keith Humphreys responded for the article.

On the flip side, Jolene Forman, an attorney at the Drug Policy Alliance, said that “the vast majority of people who use cannabis are not going to be problematic users.” She argued that the legalization of cannabis would help. Legalizing weed has opened up the doors to having a strictly regulated market for the drug.

Lots of different proposals and sides were discussed within the article on what exactly should be done concerning marijuana with its newfound legalization happening quickly across the country. But the article ended by addressing the issue it set out to cover in the first place, “perhaps the most important [issue] might be reintroducing some reasonable skepticism about cannabis, especially until scientists have a better sense of the health effects of high-potency products, used frequently.”

For example, take a look at e-cigarettes and the quick shift that has taken place over the last couple of weeks on the safety of using these devices. Over the past couple of years, vaping has gained huge popularity especially among teens with 37% of high school seniors reporting that they’ve used the e-cigarettes. However a recent bout of deaths across the country, coupled with individuals reporting serious lung problems, have health officials now questioning exactly how safe the devices are. Harvard Health Publishing posted an article earlier this week questioning the safety of the devices and stating, “It took many years to recognize the damage cigarettes can cause. We could be on a similar path with vaping.”

Is marijuana in that same category? Not enough research or time has really passed to know yet. But as The Atlantic put it, “Until then, listening to and believing the hundreds of thousands of users who argue marijuana is not always benign might be a good start.”

The post America’s Invisible Pot Addicts appeared first on Blueline.

However, many people are unaware of another serious danger that is out on the roads as well: drug-impaired driving.

Unlike drunk driving, limited research is available about drug-impaired driving. But it is something that companies, law enforcement, and the National Highway Traffic Safety Administration (NHTSA) are working on improving.

The NHTSA has been gathering and publishing research about the impact of drug-impaired driving over the past couple of years. The most recent findings have shown:

-Approximately 12.8 million Americans ages 16 and older self-reported that they drove under the influence of drugs in 2017
-Around 20% of surveyed drivers test positive for potentially impairing drugs
-Weekend evenings from 10 PM until midnight and 1 to 3 AM have shown to have a higher percentage of drug-impaired drivers on the road
-The number of drivers who tested positive for marijuana increased 48% from 2007 to 2014

Changes in marijuana’s legalization coupled with a gap in education have led some individuals to underestimate or not fully understand the serious danger that driving while high can pose.

It is so important that we continue to emphasize the importance of not driving high. Data has shown that driving after ingesting or smoking marijuana does interfere with psychomotor function and a driver’s ability to multitask.

A report from the Governors Highway Safety Association concluded that “the best overall estimate of marijuana’s effect on crash risk in general is an increase of 25-35%”. And the Rocky Mountain High Intensity Drug Trafficking Area report found that since marijuana was legalized in Colorado, marijuana-related traffic deaths have increased by 151% along with general state-wide traffic deaths increasing by 35%.

When the Colorado Department of Transportation then conducted their own survey of 11,000 individuals, they found that 69% admitted to driving high at least once during the past year.

Law enforcement officers are continuing to be educated to better recognize and understand the signs of drugged driving. In the meantime, it is imperative that we help keep our roads safe.

If you are an employer and want to ensure that your employed drivers are maintaining a drug-free driving environment, please contact our drug testing department at mail@blueline-services.com.

The post Drug Impaired Drivers On Our Roads appeared first on Blueline.

Also confusingly enough, marijuana still remains prohibited by federal law. It is classified as a Schedule 1 drug meaning that it has “no currently accepted medical use and a high potential for abuse”.

However, many states have legalized the drug for medical and recreational use within their own state laws. Here’s an up-to-date breakdown of which states have legalized marijuana:

Recreational and Medical Use:

Nine states and the District of Columbia have legalized marijuana for both medical and recreational use. Although some of these places have not yet set up a market for marijuana, leaving hopeful marijuana users in limbo. For example, in Washington D.C., you can currently smoke and possess marijuana, but you have no place to legally buy or sell it.

List of states:

-Alaska (2015)
-California (2016)
-Colorado (2012)
-Maine (2016)
-Massachusetts (2016)
-Nevada (2016)
-Oregon (2015)
-Vermont (2018)
-Washington (2012)
-Washington D.C. (2014)

Medical Use:

Forty-four states have legalized marijuana only for medical use, meaning you must have a license to purchase and smoke marijuana. One-third of these states only allow marijuana oils with a high level of CBD (the therapeutic element in weed) and low in THC (the psychoactive element); the herb itself is not allowed.

List of states:

-Alabama (2014 – CBD products only)
-Arizona (2011)
-Arkansas (2016)
-Connecticut (2012)
-Delaware (2011)
-Florida (2016)
-Georgia (2015 – CBD products only)
-Hawaii (2000)
-Illinois (2013)
-Indiana (2017 – CBD products only)
-Iowa (2014 – CBD products only)
-Kentucky (2014 – CBD products only)
-Louisiana (2016)
-Maryland (2008)
-Michigan (2008)
-Minnesota (2014)
-Mississippi (2014 – CBD products only)
-Missouri (2014 – CBD products only)
-Montana (2004)
-New Hampshire (2013)
-New Jersey (2010)
-New Mexico (2007)
-New York (2014)
-North Carolina (2014 – CBD products only)
-North Dakota (2016)
-Ohio (2016)
-Oklahoma (2014 – CBD products only)
-Pennsylvania (2014)
-Rhode Island (2006)
-South Carolina (2014 – CBD products only)
-Tennessee (2014 – CBD products only)
-Texas (2015 – CBD products only)
-Utah (2014 – CBD products only)
-Virginia (2015 – CBD products only)
-West Virginia (2017)
-Wisconsin (2014 – CBD products only)
-Wyoming (2014 – CBD products only)

Still Prohibited:

Only four states remain that don’t have any allowance for marijuana—medical or recreational. These are the only states that are completely aligned with federal marijuana policy. However, if these states do decide to legalize marijuana in the coming years, we would fall into a precarious situation where every state would be in direct conflict with the federal government’s stance on marijuana.

List of states:

-Idaho
-Kansas
-Nebraska
-South Dakota

The post Marijuana 2018: A State By State Guide To Legal Weed 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

The post Maine First State To Protect Marijuana Users In The Workplace appeared first on Blueline.