In a Maryland case, a federal court ruled that the ADA does not protect employees who use medically prescribed marijuana during work hours, since marijuana remains a federally illegal substance. The court upheld the employer’s right to terminate the employee, despite…
Posts by Category: Pre-employment Drug Testing
Navigating Drug Testing Laws in Each State
As drug legalization gains traction across the U.S., drug testing laws vary by state. Only five states have strong workplace drug testing legislation, and 11 states lack any laws on the matter. Since 2012, 19 states, plus Washington, D.C., have legalized recreational…
Prince George’s: New Bill Could Change Public Safety Drug Test Requirements
A new bill introduced in Prince George’s County aims to prevent public safety departments from automatically disqualifying candidates who test positive for cannabis during the application process. The bill, introduced by Councilmember Krystal Oriadha, seeks to address…
Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work
A U.S. District Court in Maryland ruled that employers are not required to allow employees to use medically prescribed marijuana at work, even under the Americans with Disabilities Act (ADA). While the court acknowledged that employees cannot be discriminated against…
US Workers Are Failing Drug Tests at an Incredible Rate – But Legal Weed Has the Future of These Screenings in Doubt
Although experts are predicting drug testing won’t entirely disappear due to the increased legalization of marijuana, they have said that the scope and type of testing should change. A recent report by Quest Diagnostics revealed that the number of United States…
Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights
As part of the full legalization of recreational marijuana, House Bill 0902 creates the Cannabis Legalization Equity Act, which provides details on the possession, consumption, use, display, purchasing, transportation and growth of cannabis, both on one’s own premises…
Say What? The Employee Who Failed His Post-Accident Drug Test Gets Workers’ Comp.?
Employers might assume that an injured worker’s positive post-accident drug or alcohol test will automatically defeat a related workers’ compensation claim. However, in Ohio at least, the reality is a bit more complicated. Under Ohio law, a positive, post-accident…
Workforce Drug Positivity Rises by Double-Digits in Almost One-Third of U.S. Industry Sectors Examined, According to New Quest Diagnostics
Data released by Quest Diagnostics shows that drug use in the United States workforce increased by double digits between 2015 and 2017 in five major industry sectors, including Transportation and Warehousing; Other Services; Finance and Insurance; Retail Trade; and…
States Move to Ban Synthetic Urine
Mississippi Representative Willie Bailey recently proposed the bill “Urine Trouble Act,” which is intended to address synthetic urine being used by safety-sensitive employees to cover up negative drug testing. Although the bill passed in the Mississippi House was…
Workforce Drug Positivity at Highest Rate in a Decade, Finds Analysis of More than 10 Million Drug Test Results
The 30th year of the Drug-Free Workplace Act and the Quest Diagnostics Drug Testing Index (DTI) continues to demonstrate that drug positivity rates are on the rise. For instance, the positivity rate for cocaine has increased for the fifth year in a row in the general…