If you are considering removing marijuana/THC drug testing from your Drug Prevention & Employee Testing Program, you need to do your research first. Federal Law still "prohibits" the use and possession of Marijuana in ALL 50 States! Unfortunately, many States have voter approved laws permitting medical and/or recreational use of marijuana, that are in direct conflict with Federal law! To make the issue even more cumbersome, some states have prematurely placed employer "prohibitions" against employers who won't hire or simply fire, based solely on a positive marijuana drug test!!! We'd suggest speaking with a competent attorney, specializing in the areas of Workplace Drug Testing, Labor Law & Discrimination issues. We have included some under "Links WE Like". Finally, we have provided some information and options below. Please keep in mind that anything found on our website, this page or anyplace else should NOT be considered 'legal Advice" or a "legal opinion", only your in-house labor lawyer can do that.............HOPE YOU FIND THIS HELPFUL.
SO, WHAT'S THE ANSWER ? ....
There is no "easy" or "one size fits all" solution to the Feds vs States battle over marijuana. We must wait to get a SOLID review and ruling by the United State Supreme Court to have a rock solid footing to stand on. HOWEVER, until then, here we stand, not knowing what to do!!! What can we do ????.....
THE ANSWER IS ........
We recommend, after you've consulted with your own in-house labor law attorney, that you consider the following Non-DOT testing process & procedure, when dealing with a verified Medical Marijuana user:
The answer above is only one option to consider. The whole idea is to treat "Medical Marijuana", in employee drug testing situations, like any other Doctor recommended substance,
that may cause "impairment" at work. This link is a good Q & A seminar in New Jersey, kinda gives you an idea of what others are doing > > > > >
FOOD FOR THOUGHT:
CALIFORNIA'S Site is: http://mmic.cdph.ca.gov/MMIC_Search.aspx
Arizona's Site is: https://azmmvs.azdhs.gov/
IF YOU WANT TO CARVE-OUT MARIJUANA, Testing, please complete and submit Form.
Form needed to change Lab Profile
- UPDATED February 21, 2019
IF YOU WANT TO KEEP MARIJUANA, Testing in your program, do nothing.
We test for it by default!
Check with you Corporate legal team
BEFORE CARVING OUT
We suggest these folks, they can help !
The Choice is yours.............how much additional liability are you and your insurance Company willing to take on ? ? ?
If you have already done your research, spoke with your Corporate Labor Attorney and you have considered the perceived benefit is worth the additional risk of "carving it out" of your Drug Prevention & Employee Testing Program, click here to submit your request to Forensic DTS, Inc. to modify your testing protocols. CLICK HERE to complete and submit your Marijuana Carve-Out - Contract Amendment.
Legally sound drug & alcohol testing programs for over 28 years !