What is the expiration date of an oral fluid test?

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.

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.