INDUSTRY PERSPECTIVES
Legalized Medical Marijuana, CBD Products and Recreational Marijuana: A Fast-Changing, Complex Issue That Affects Our Highways By Kim Claytor, Compliance Director, NTA Inc.
In recent years, we have faced many questions and concerns regarding how to handle state medical and recreational marijuana laws. With only five states left in the U.S. where marijuana is fully illegal, this issue has now become impossible for employers to ignore. The U.S. Department of Transportation (DOT) is very clear on the regulations on medical/ recreational marijuana and cannabidiol (CBD) products – there is no acceptable use. Thus, in the employer’s DOT testing program, commercial motor vehicle drivers should be educated and made aware of the risks of using medical marijuana or CBD products, even with a written certification or medical marijuana card from a medical practitioner. And, even if recreational marijuana is legal in a specific state, there is currently no acceptable use of marijuana for commercial drivers.
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GUARDIAN
But what about non-DOT workforces? Medical and recreational marijuana laws vary by state and are leaving employers confused and concerned about how they can and should handle marijuana testing. CBD products add to the confusion as many people do not understand that the THC in these products can indeed cause a positive marijuana drug test. Let’s break down some key considerations for employers when tackling the medical and recreational marijuana issue: Know your state’s laws, processes and procedures regarding medical marijuana, recreational marijuana and CBD products. These vary significantly from state to state. There is no “one size fits all” approach. Contact your insurance company. Worker’s compensation and liability insurance agents can be a great resource for guidance, especially if your company receives any type of drug-free workplace premium discount. These discounts could possibly be discontinued if marijuana is eliminated from your testing program. In addition, worker’s comp benefits for the employee may be affected in post-accident/injury situations if the employee tests positive for marijuana, even if it’s permitted by the state or the employer’s policy. Know where your insurance
companies stand and inform employees as well. Develop a written policy that clearly outlines your company’s position on verified positive marijuana drug tests for employees without a medical card or written certification by a medical practitioner. This specifically addresses those states where recreational marijuana is legal. For example, the company determines what positions within the company are considered “safety-sensitive” or if there will be zero tolerance, etc. The policy details this and is distributed to employees. A signed and dated receipt should be obtained from each employee. At the time this article was written, the only states in which marijuana and/or CBD products are still fully illegal are Idaho, Wyoming, Kansas, Tennessee and South Carolina. All other states have one or all of the following statuses: • Legalized • Medical and Decriminalized • Medical Only (may be either medical marijuana or CBD products) • Decriminalized We are often asked if employers must accept medical marijuana or medical CBD products. Most state laws have protections for employees against adverse action by employers related to
