Answer

Should I test based on state laws where my employee lives or where they work?

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. For example: Imagine you have an employee who lives in Arizona but works in California, and the employee has a medical marijuana card in which they use in private. Arizona protects employees from discrimination while holding a medical marijuana card, but in California, an employer may fire employees who test positive for marijuana, even if the use was off-duty and for a medical condition with a valid medical marijuana card. To avoid litigation in this scenario, it would be advisable to treat this employee based on Arizona laws.

It is pertinent for you, as an employer, to have a policy in place for when this occurs and to follow each states' medical marijuana laws accordingly.

There is no test for CBD, DISA’s tests will screen for THC or cannabinoids. Any test that screens for THC or cannabinoids is going to report findings for THC or cannabinoids that exceed the panel thresholds (levels). The origin of the substance will not be considered by the Medical Review Officer (MRO). DISA’s non-DOT corporate policy offers clients the option to customize testing panels.

Drug and Alcohol Testing related

Can I hire someone with an invalid result?

An invalid test result is acceptable except in the following cases:

  • The employer needs a negative test result (DOT and Consortium Pre-Employment, Return-to-Duty)
  • The MRO has instructed a recollection and/or medical evaluation

Return-to-Duty and SAP referrals are relevant to non-negative results so, if an employee is restricted due to an invalid test result that employee should not be subject to an RTD program (unless the client’s corporate policy indicates otherwise).