“Marijuana use under state marijuana programs or other non-prescription sources does not qualify as a ‘legitimate medical explanation’ under 49 CFR § 40.137(a),” the memo reads.
Tag: drug testing
New Jersey’s adult-use marijuana legalization law explicitly precludes employers from taking any adverse actions against workers “simply for testing positive for cannabinoid metabolites, or for using cannabis, so long as it is not used during the workday and the employee is not intoxicated or impaired at work.”
“This legislation sets an important precedent for protecting licensed professionals from unjust discipline while respecting the will of Maryland voters and lawmakers who have legalized cannabis.”
“These results have significant policy implications, particularly with respect to the use of traditional workplace drug testing. It is high-time to abandon these discriminatory methods in favor of performance testing and fit-for-duty testing, which employ measures to assess whether someone is currently under the influence, whether it be from marijuana on anything else.”
“Patients who take traditional medications do not face punishment in the workplace unless their on-the-job performance is impaired. Patients who consume medical cannabis during their off-hours should be treated equally.”
NORML worked with union members for nearly two years to assist them in securing the revisions.
“We conclude from our meta-analysis that … oral fluid tests should not be considered a valid indicator of [cannabis-induced] impairment.”
“Just as patients taking traditional medications do not face punishment in the workplace unless their on-the-job performance is impaired, those who use medical cannabis during their off-hours should not face sanctions solely because of their status as a medical marijuana patient.”