Keep track of the many moving parts impacting the cannabis industry. Subscribers have access to our Cannabis In Focus page with an interactive map of cannabis laws by state. practical advice on workplace drug testing, funding and industry developments; expertise in the development of government tax matters; and the latest legal and regulatory news, analysis and changes. “The drivers we are most concerned about are those with higher concentrations,” he said. His new study found that the number of moderately injured drivers with THC concentrations above 5 nanograms per milliliter fell from 1.1 percent before cannabis legalization to 3 percent after legalization. Before medical marijuana was legalized in Ohio, any amount of drugs in your system could have you assaulted for illegal drug use and driving under the influence of alcohol. Since the early 1980s, drug testing programs have expanded in the United States. A marijuana test has always been part of the standard 5-panel test, which is primarily used by employers. This 5-panel drug test includes marijuana, cocaine, amphetamine/methamphetamine, opiates, and PCP.

Typically, each drug panel includes a marijuana test, unless it requires marijuana to be specifically excluded. The limitations of a marijuana test with a urine sample are quite common at 50 ng/ml for the first screening test and 15 ng/ml for the second confirmatory test to verify a positive THC result. Marijuana use can usually be detected 2 to 5 days after use for occasional users in a urine drug test. Since confirmatory laboratory tests typically use the low limit of 15 ng/ml for marijuana metabolites, frequent cannabis users can test positive for this test for two to three weeks (or even longer in some extreme cases) after their last encounter. There are currently no known tests that provide evidence of impairment by marijuana use. The main metabolite found in urine for marijuana is 11-nor-delta9-tetrahydrocannabinol-9-carboxylic acid (delta9-THC-COOH). Any positive drug test must be confirmed by a laboratory using gas chromatography-mass spectrometry (GC-MS). Be wary of instant or quick test kits that do not confirm positive results. These may show false positive results for marijuana like ibuprofen, naproxen or promethazine. Drug testing should always be conducted by a professional services firm that specializes in drug testing programs. Federal labor laws do not protect cannabis users because federal law does not recognize the legitimacy (and therefore legality) of medical marijuana.

Regardless of your state`s laws on recreational and/or medical marijuana (including the protections described below), employers can still take adverse action in response to a positive cannabis test. This is particularly true for: Due to the limitations of the effects-based approach, some states have enacted “per se” laws that criminalize a person having a certain amount of drugs or metabolites in their body while operating a motor vehicle (Asbridge, 2014; DuPont et al., 2012; Grotenhermen et al., 2007; Lacey et al., 2010). This concentration threshold is a legal limit whose exceedance serves as evidence of infringement (Asbridge, 2014); Ramaekers et al., 2006). After marijuana was legalized in the country, the number of moderately injured drivers in car crashes and above the legal THC limit doubled from less than 4 percent to 8.6 percent. The percentage of injured drivers above the legal limit for alcohol has not changed. There are currently three main approaches to assessing and controlling drug-impaired driving in the United States. The first approach is “effects-based,” where prosecutors must prove that the drug interfered with the driver`s ability to operate a motor vehicle (Grotenhermen et al., 2007). While this approach is implemented in most U.S.

states, it is difficult and complex to apply, largely due to the lack of standardization in drug impairment assessment and determination methods (Kay & Logan, 2011; Romano and Pollini, 2013). There is no uniformly accepted definition of impairment for different drugs, and these definitions vary from state to state (DuPont et al., 2012). Laboratory analysis of blood or urine samples is also expensive and time-consuming, and is usually only performed if a driver has a blood alcohol level within the legal limit (<0.08%) (DuPont et al., 2012). Therefore, compared to impaired driving, drug-impaired driving is rarely prosecuted in the United States (DuPont et al., 2012; Walsh, 2009). But the scope of what employers can do under Minnesota`s "legal consumables" law — which states that employers cannot "refuse to hire a candidate, discipline or fire an employee" because they consume products like alcohol and tobacco in their spare time — is an issue that lawmakers or courts need to clarify. VIDEO: How marijuana is both legal and illegal in the U.S. Colorado was the first state to allow recreational marijuana in early 2014. Many states have followed suit and now many Americans have legal access to what they call a pleasant and harmless drug. Studies show that marijuana had 3% THC in 1965 and 99% THC in 2015, which is 33 times stronger pot. In Colorado, studies show a significant increase in marijuana use among 12- to 17-year-olds. Colorado`s medical and recreational marijuana laws have made smoking more socially acceptable for children.

Good news for employers, Colorado courts have upheld employers` right to introduce drug-free workplaces, including marijuana testing. We are seeing an increase in workplace drug testing in Colorado. On the other hand, in a state like Georgia, which still considers cannabis an illegal drug, employers can maintain a zero-tolerance drug policy with cannabis testing. Companies that employ people in multiple states must establish policies that take into account the very different treatment of cannabis use. Employers would also have to take a closer look at how they would operate if recreational marijuana were legalized in the state, Kettelkamp said. California was the first state to allow medical marijuana, today more than half of our states have medical marijuana laws. Many of these medical marijuana laws, such as in Florida, only allow the use of cannabidiol, or CBD, which does not cause euphoria. Drug tests look for THC (short for tetrahydrocannabinol), which produces the psychotropic effects, or high. This is also what classifies marijuana as a controlled substance or drug. Minnesota employers are concerned about potential liabilities stemming from their drug testing policies after the state recently legalized consumables containing marijuana`s active ingredient. There is convincing evidence that marijuana use impairs cognitive function and driving skills and increases the risk of accidents. Due to the limitations of impairment laws and zero tolerance, governments are increasingly adopting limits as such when a driver is legally defined as impaired to operate a motor vehicle safely.

Some European countries have also introduced a two-tier system that includes both impairment-based and per se approaches. Several factors must be considered when establishing the laws themselves, including the type of marijuana use a driver has, the frequency of use, and whether marijuana is used simultaneously with other drugs. To assess a driver`s THC content, police conduct drug tests by taking blood, urine and/or O. samples. It is imperative to consider the pharmacokinetics of THC, including its rapid drop in the blood over time, to facilitate the standardization of drug testing. Future work should include determining the dose-response relationship between THC levels and accident risk, establishing legal THC limits for other populations, particularly those whose occupations are safety-critical, and developing innovative methods for marijuana analysis, such as the use of OF and breath samples. The majority of U.S. states also conduct urine screening or urinalysis (NORML, 2014a; Walsh, 2009). Urine screening tests are typically performed using immunoassays, which can detect combinations of THC and its metabolites, but not necessarily THC alone (Sewell et al., 2009; Wolff and Johnston, 2014).

Therefore, urinalysis only considers previous exposure to marijuana and not the degree of impairment by the drug (Huestis, 2007; Sewell et al., 2009; Wolff and Johnston, 2014). In addition to the various state laws, employers face complexities due to the illegality of the federal government. Even in states where recreational cannabis use is legal, cannabis users are not allowed to drive commercial vehicles under federal law. In addition, there is a need to standardize testing protocols for each sample collected (i.e., blood, urine and CO). This would solve the current variation in time after a driver is stopped or involved in a car accident as their bodily fluid is collected. By limiting the decline of THC in the body over time, normalizing testing conditions would allow police to more accurately determine the degree of impairment a driver while driving. For example, compare marijuana to alcohol. Alcohol has been extensively studied and its effects on a person`s decision-making, reaction time and reasoning are well known.

The legal limit for alcohol is based on researching its effects on driving behavior. We also have standard guidelines on the number of drinks that exceed the legal alcohol limit: about two drinks per hour for women and three for men (depending on weight, medication, food intake, etc.). Minnesota employers can still take some action against workers who test positive for THC, lawyers said. Changing state cannabis laws have made it difficult for employers to manage drug testing policies in the workplace.