Minnesota and Iowa have updated their employer drug testing laws. Minnesota now permits oral fluid testing for drugs,including cannabis, under its Drug and Alcohol Testing in the Workplace Act. Employers must comply with statutoryrules, such as providing test results…
Posts by Category: Pre-employment Drug Testing
Oral Fluid Tests Are Not Valid Indicators of Cannabis Exposure or Impairment
Recent studies indicate that oral fluid tests can detect recent cannabis use, but they may not accurately reflectimpairment levels. THC concentrations in saliva can remain elevated for extended periods, even after the effects havesubsided, leading to potential false…
THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits
Courts are increasingly ruling that positive THC test results alone can’t prove on-the-job impairment. Employers relyingsolely on chemical tests face legal risk and costly verdicts. Legal protections in many states prohibit discipline basedonly on off-duty cannabis…
U.S. District Judge Upholds Federal Preemption Over Minnesota State Drug Testing Law
A U.S. District Court in Minnesota ruled that federal drug testing regulations preempt the state’s Drug and AlcoholTesting in the Workplace Act (DATWA) for safety-sensitive positions. The case involved an employee who wasterminated after failing a random drug…
Mississippi: Indian Tribe Approves Referendum Regulating the “Possession, Production, and Distribution of Marijuana on Tribal Lands”
Members of the Mississippi Band of Choctaw Indians have approved a referendum supporting the legalization ofmarijuana on tribal lands. The measure, known as Referendum 2025-01, passed with 55 percent of the vote, accordingto unofficial results. The tribe, the only…
Joyce, Jeffries Reintroduce Bipartisan Legislation to Prepare for Inevitable End to Federal Cannabis Prohibition
On April 17, 2025, Congressman Dave Joyce (OH-14) and House Democratic Leader Hakeem Jeffries (NY-08)reintroduced the bipartisan Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment(PREPARE) Act. This legislation aims to establish a…
Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s DisabilityDiscrimination Claim
On April 11, 2025, U.S. District Judge Robert J. Colville reinstated a disability discrimination claim under thePennsylvania Human Relations Act (PHRA) after a job applicant alleged his offer was rescinded following a preemployment drug screen. The applicant,…
Supreme Court Rules Lost Wages May Be Recoverable Under RICO For False Advertising After Drug Test Dismissal
On April 2, 2025, the U.S. Supreme Court ruled that a truck driver who lost his job after testing positive for marijuana can pursue RICO claims for lost wages against sellers of a fraudulently marketed pain relief product. The Court found that damages to…
Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law
A Pennsylvania federal court ruled that medical marijuana use does not qualify as a disability under the Pennsylvania Human Relations Act (PHRA), dismissing a job applicant’s discrimination claim. The applicant, Brian Davis, alleged the company rescinded his…
Magic Mushroom Therapy Legalized in Third State
New Mexico has become the third state to legalize psilocybin for therapeutic use, following Oregon and Colorado. Governor Michelle Lujan Grisham signed SB219, the Medical Psilocybin Act, into law, allowing psilocybin treatment for mental health conditions like PTSD…