“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: urinalysis
“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.”
“We have corrected an injustice where our employees were being unjustly punished and potentially having their careers destroyed for responsibly utilizing a legal substance on their own time.”
Since 2020, over 139,000 commercially licensed truckers have tested positive on urine tests for past cannabis exposure, resulting in an industry-wide labor shortage.
“As laws to overturn prohibition continue to take shape across this nation, legislatures should not forget that other policies must also be revised to keep up with the times. The discrimination against cannabis users in the workplace is one of those policies it is time to update.”
Those who consume alcohol legally and responsibly while away from their jobs aren’t punished by their employers unless their work performance is adversely impacted. Those who legally consume cannabis should be held to a similar standard.
“Policies that mandate would-be hires to undergo urine screens for past cannabis exposure are invasive, discriminatory, and ineffective. They neither identify workers who may be under the influence, nor do they contribute to a safe work environment.”
Washington joins a growing number of jurisdictions that have passed legislation limiting employers’ ability to pre-screen applicants for past marijuana use.