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The Massachusetts Supreme Judicial Court (SJC) recently heard oral arguments in a case that asks whether employers can be required to make accommodations for employees’ off-duty use of medical marijuana. The state passed a measure decriminalizing marijuana for…
It is important to understand that, even for states without a drug testing statute, laws and case laws still impact the how, when and who of drug testing. Take California, for instance, where there is a mound of case law that has set legal precedence for workplace…
Floridians voted to pass Amendment 2 to legalize marijuana, a change that will expand what has been a very narrow right in the state to be treated with low dose THC cannabis. Under the new amendment, a “qualified patient” is permitted to use or handle medical…
Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other hand, may find themselves in a sticky (icky)…
Blaming low unemployment, Curtis Graves, an attorney with the Mountain States Employers Council, said if the unemployment rate ticked up to 6 or 7 percent, some employers would likely resume testing for marijuana. But, for now, many Colorado businesses are dropping…
Although the legalization of recreational use of marijuana is still up for debate, the courts have granted legal access to marijuana for individuals with a medical need. In response to courts requiring “reasonable access” to a legal source of medical marijuana, the…
In January, the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids to its drug testing panel. It also will add…
In the latest release of the Quest Diagnostics Drug Testing Index, its senior director of science and technology noted that, over the past five years, there have been small increases in post-accident positivity rates in urine drug testing that have led to dramatic…
North Dakota joined 28 states across the nation who have legalized some form of medical marijuana use when its Compassionate Care Act went into effect in December. The Act does not allow employees to possess marijuana in the workplace, nor does it include…
Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each year,” and that he was taking more steps to…