What Are The Pros For Removing Marijuana From My Testing Panel?

The biggest advantage to removing marijuana from your testing panel is the ability to hire more employees. Removing marijuana from your panel will expand your hiring pool, allowing you to hire those who use marijuana either recreationally or medicinally.

I Thought I Had To Remove Marijuana From My Testing Panel?

This is a hot topic of conversation as many states have altered their specific state laws regarding cannabis over the past few years. Under federal law, marijuana is technically still classified as an illegal and Schedule I substance. And while some state laws have changed regarding whether or not marijuana can be used medicinally or recreationally, it’s important to note that rules governing marijuana and the workplace have not changed in most states. However, some states have put more defined rules into place regarding testing for marijuana. Please make sure you are familiar with your specific state laws regarding employment drug testing!

But as an employer, you can most likely exercise your right to a drug-free workplace.

Talk with your legal team or look more deeply into your state laws and employer guidelines to know what specific restrictions may apply to you and your company.

How Do I Know If I Should Remove Marijuana From My Testing Panel?

This decision is ultimately up to each employer based on what they think would be best for their company (or what specific laws they need to follow). Different factors to consider may include: your company location, the type of work your employees will be performing (safety sensitive or federally mandated positions require a drug-free workplace), and the attitude you wish to establish within your company concerning drug use.

I Need To Start A Drug Testing Program, How Do I Do That?

Great! Having a drug testing program in place is extremely beneficial to any company. It can help protect you from liability issues and ensure a safe work environment. If you’re choosing to not test for marijuana, there is a long list of other drugs and substances that can still be tested for. There are two main things you need to do to establish a drug testing program:

1. One is creating a written policy that clearly outlines your program and expectations. Doing this will allow you to hold employees accountable to your policy. We suggest consulting your legal team as to what to include in your specific policy, but some things to consider include: employer expectations regarding drug use, training for supervisors on signs and symptoms of drug abuse, outlining roles, providing education for employees on the dangers of drug use, and establishing an Employee Assistance Program that provides counseling or referrals for employees who struggle with drug problems.
2. The second thing you need to do is connect with a Third Party Administrator (TPA) who can help you manage and administer your drug tests—whether your program includes pre-employment, random, or reasonable suspicion drug testing. As a comprehensive screening provider, Blueline Services also acts as a TPA and we can help you establish your testing program. Give us a call at the number listed above or email us at mail@blueline-services.com to find out more about the services we offer.

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Under the law, adults of age 21 and older can now possess up to 1 ounce of marijuana. They are allowed two mature plants and four immature plants. Act 86 doesn’t mention Vermont’s current medical marijuana program so the new legislation should not effect any medical marijuana users.

There are heavy punishments set in place for those that abuse this new law. Individuals found possessing more than one ounce of marijuana could face imprisonment charges and fines, with the punishment for having more than two ounces potentially amounting up to three years in prison and a $10,000 fine.

Questions still linger on how authorities will enforce these rules, but they say clarity will come with case law.

There are currently no systems in place to tax or regulate the production of marijuana in Vermont as well as no provisions set up for pot shops. This means that to obtain marijuana users must either grow it themselves, buy it from illicit dealers, or from outside state lines. However, it is expected that the legislature will soon develop a tax-and-regulate system with many hopeful for a legalized commercial market to be established at next year’s legislative session.

Act 86 does include some regulations for the newly legalized marijuana, some things that will still get you in trouble include:

• Smoking in a car: Both drivers and passengers are forbidden from smoking and can face steep fines if caught.
• Smoking on Lake Champlain: The lake is considered federal waters, which means it is under federal rule where marijuana is still illegal.
• Selling marijuana: A legal commercial market hasn’t been established yet for Vermont.
• Smoking in a public area: beach, park, sidewalk, restaurant, etc.: Vermont law specifically states that recreational marijuana is limited to “individual dwellings”.

Things continue to shift across the globe regarding marijuana. Canada legalized recreational marijuana just two weeks before Vermont. Several bills have been put forward in Congress as well just this year with proposed changes to regulations regarding the drug.

“Just a few short years ago, it would have be inconceivable to imagine a leader of one of two major parties to introduce a bill to de-schedule and decriminalize marijuana at the federal level,” Michael Lisezwski, the government affairs director for Americans for Safe Access, said in a press release, “And yet, here we are in the very next session of Congress with several bills that would end federal marijuana prohibition introduced into the Senate by prominent members of both parties.”

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