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Medical marijuana laws vary by state and it’s important that employers address the specific laws that pertain to their company and employees when creating a drug testing policy. Each state has its own system of medical marijuana laws, which may or may not include bills that provide explicit employment protections. For example, in California, legislation allows employers the right to terminate an employee who tests positive for marijuana, even if they hold a medical marijuana card.

In addition to state laws, employers must also address federal standards pertaining to  workers’ comp, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), unemployment benefits, drug-free workplace laws, and state handicap/discrimination laws. Even in states where legalized, the laws do not protect an employee that is impaired while at work, under the influence, or using on the job, especially when working in a safety-sensitive position. While a workplace drug test will detect THC, in most instances, the same test will not determine “impairment.” This is why documenting suspicious behavior and implementing manager training for reasonable suspicion and probable cause will help determine if an employee is impaired while on the job.

Our lab partners use the most advanced screening technology, including screening methods to detect synthetic urine, to ensure quality control measures are in place for donors who try and cheat on a drug test. For more information on fake urine products and their effects on drug tests, read our fake urine blog here: https://disa.com/blog/fake-urine-and-drug-test-abuse

If one of your employees fails a drug screen and they are in a safety-sensitive position, they must be removed from duty immediately. If the employee is not in a safety-sensitive position, then disciplinary actions can vary based on company policy. Some employers offer Return-to-Duty testing which is given after an employee has violated a company’s drug and alcohol policy and gives the employee an opportunity to get healthy and return to work. Before returning to the company drug testing program, the employee must follow through with the Return-to-Duty process, which can vary by company and industry specifications. Some programs include an evaluation by a Substance Abuse Professional (SAP), education and treatment programs, Follow-Up testing, and more. Contact your HR Representative for more information. Employees in a DISA mandated drug and alcohol testing program that are interested in going through DISA's 'return-to-duty' process can visit our Return To Duty (RTD) Drug Testing page.