News & Analysis as of

Drug Testing Controlled Substances

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Fisher Phillips

How Will Psychedelics Impact the Workplace as Therapeutic Treatment Gains Popularity? 4 Things Employers Should Know

Fisher Phillips on

You may think of “magic mushrooms” as nothing but a novelty, but psychedelics like psilocybin are gaining popularity as a therapeutic mental health treatment – raising questions about their impact on the workplace. Are your...more

Farella Braun + Martel LLP

Navigating Cannabis in the Workplace: A Guide for California Corporations

The landscape surrounding cannabis in the workplace is rapidly evolving, posing challenges for California corporations and businesses to establish effective policies and procedures. As the use of cannabis, both medical and...more

Troutman Pepper

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper on

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

Goldberg Segalla

How Much Is Too Much? Drinking, Drugs, and Trucking

Goldberg Segalla on

“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or...more

Jackson Lewis P.C.

District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13

Jackson Lewis P.C. on

The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off duty, during non-work hours. Such development remains in contrast with...more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

ArentFox Schiff on

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Miller Nash LLP

Effective January 2024, New Washington Law Limits Employers’ Ability to Decline to Hire People for Past Cannabis Use

Miller Nash LLP on

Although Washington decriminalized recreational use of cannabis in 2012, employers in Washington have been free to deny employment on the basis of any evidence of cannabis use, including pre-hire drug testing, and even if...more

Constangy, Brooks, Smith & Prophete, LLP

Is Biden about to make marijuana legal?

If so, what will that mean for employers? Yesterday, President Biden announced that he was pardoning everyone who was criminally convicted of simple possession of marijuana under federal law. He's also asked state governors...more

Jackson Lewis P.C.

Medical Marijuana and the Construction Job Site

Jackson Lewis P.C. on

The changing legal landscape relating to marijuana usage means that employers, especially those with safety sensitive positions or who are subject to federally mandated compliance requirements, need to review their current...more

Jackson Lewis P.C.

Quest Diagnostics Study Finds Highest Drug Positivity Rate in Twenty Years

Jackson Lewis P.C. on

According to a new Quest Diagnostic Study analyzing workplace drug test results in 2021, employers saw the highest rate of positive drug test results in twenty years. The study was based on more than 11 million urine, hair...more

Jackson Lewis P.C.

Court Upholds Termination Of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier

Jackson Lewis P.C. on

A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to...more

Fox Rothschild LLP

Psychedelics Take A Long, Strange Trip Back To Mainstream Research

Fox Rothschild LLP on

With the ever-increasing acceptance of marijuana as a legitimate treatment for a number of medical conditions, a newfound interest in the use of psychedelics as a form of medical treatment is gaining traction once again. ...more

Constangy, Brooks, Smith & Prophete, LLP

A history of the decline and rise of the marijuana empire

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more

Jackson Lewis P.C.

FMCSA Announces It May Not Enforce Minimum Required Random Drug And Alcohol Test Rates During 2020

Jackson Lewis P.C. on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020....more

Jackson Lewis P.C.

FMCSA Extends Waiver Period For Certain Pre-Employment Drug Tests From 30 To 90 Days

Jackson Lewis P.C. on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out...more

Poyner Spruill LLP

Department of Transportation Warns About Employee Use of CBD Products

Poyner Spruill LLP on

The use of CBD (Cannabidiol) products has become very popular throughout the country. In addition, the laws relating to use of hemp plant products are rapidly evolving. As a result, the United States Department of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Drug Testing: U.S. Department of Transportation Updates/Clarifies Status of Medical Marijuana/Hemp/CBD Oil

The United States Department of Transportation (“DOT”) Office of Drug and Alcohol issued a February 18th DOT Office of Drug and Alcohol Policy and Compliance Notice (“Notice”) addressing the drug and alcohol policy for the...more

Seyfarth Shaw LLP

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

Seyfarth Shaw LLP

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

Seyfarth Shaw LLP on

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Seyfarth Shaw LLP

Court Upholds Termination Of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more

FordHarrison

Common Sense Prevails: Waiving a Drug Test as a Condition of Employment is Not a Reasonable Accommodation

FordHarrison on

In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194 (D.N.J. Aug. 10, 2018), a case of first impression, the federal district court held that neither New Jersey’s Law Against Discrimination (LAD) nor...more

Foley & Lardner LLP

Massachusetts Has Legalized Marijuana — Should Your Workplace Policies Go Up in Smoke?

Foley & Lardner LLP on

On November 8, 2016, voters in Massachusetts (along with their counterparts in Maine, California, and Nevada) voted to legalize the recreational use of marijuana. This means that recreational marijuana use is now legal in...more

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