Minnesota Will Allow Oral Fluid Testing For Drugs, Cannabis and Alcohol
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo
1M ago
Minnesota will amend its drug testing law to permit oral fluid testing for drugs, cannabis and alcohol, effective August 1, 2024. The Drug and Alcohol Testing in the Workplace Act (“DATWA”) currently requires employers who conduct drug and alcohol testing to use specific certified laboratories and to permit confirmatory re-testing after an applicant or employee tests positive.  Under the new provision, oral fluid testing will be permitted for drugs, cannabis, and alcohol, and will not require the services of a testing laboratory.  Moreover, employers will not be required to follow th ..read more
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Department of Justice Publishes Notice of Proposed Rulemaking to Reschedule Marijuana to Schedule III
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo
1M ago
The Department of Justice (DOJ) published a Notice of Proposed Rulemaking to reschedule marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA) in the Federal Register on May 21, 2024. If the rule is finalized, marijuana would be considered a drug with “moderate to low potential for physical and psychological dependence” and would be available for medical use only, not legalized at the federal level. Under the federal CSA, the Drug Enforcement Administration (DEA) classifies drugs into five distinct categories, or schedules, depending on the drug’s accepta ..read more
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U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo
2M ago
The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice.  This means that marijuana would be considered a drug with “moderate to low potential for physical and psychological dependence.” Under the federal Controlled Substances Act, the DEA classifies drugs into five distinct categories, or schedules, depending on the drug’s acceptable medical use and its potential for abuse or dependence.  Schedule I drugs have a high p ..read more
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DOT Random Drug and Alcohol Testing Rates for 2024
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo
7M ago
Happy New Year!  The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2024.  These rates are the annual minimum drug and alcohol random testing rates. The rates are the same as the 2023 rates. Agency 2024 Random Drug Testing Rate 2024 Random Alcohol Testing Rate Federal Aviation Administration   25% 10% Federal Motor Carrier Administration   50% 10% Federal Railroad Administration   25%  covered service 10%  covered service Federal Railroad Administration 25% maintenance-of-way 10% mai ..read more
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Biden Administration Announces Toolkit For “Recovery Ready Workplaces”
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo
8M ago
The Biden Administration has released a Recovery-Ready Workplace Toolkit: Guidance and Resources for Private and Public Sector Employers. The Toolkit is part of Administration’s efforts to beat the opioid epidemic.   It provides information, tools, and resources to help employers effectively prevent and respond to substance misuse in the workforce and reduce its impact on employers and on the broader community.  The Toolkit encourages employers to institute “Recovery Ready Workplaces” to help reduce the stigma of substance use disorders and promote employment opportunities for t ..read more
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New Marijuana Laws Take Effect in California and Washington on January 1, 2024
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo
8M ago
The new year is approaching quickly and employers must get ready for the new marijuana laws that will take effect in California and Washington. These laws are very different from other states’ marijuana laws. In our firm’s latest “We Get Work” podcast, Catherine Cano and I discuss what employers need to know about these laws. Please click on the link below to access the podcast: California and Washington’s Controversial 2024 Marijuana Laws: Are You Ready? – Jackson Lewis ..read more
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Ohio Passes Recreational Marijuana Law: What Employers Should Know
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo, Blythe C. McGregor and Anthony McNamara
8M ago
Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of recreational marijuana. The new law does not require an employer to “accommodate an employee’s use, possession, or distribution of adult use cannabis.” The ballot language allows the sale, purchase, and possession of marijuana by Ohio residents aged 21 and older. In December, adults can legally possess up to 2.5 ounces of marijuana, up to 15 grams of cannabis extract, and gr ..read more
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California Bans Inquiries About Applicant Cannabis Use
Jackson Lewis Drug Test Law Advisor
by Kathryn J. Russo and Ellen E. Cohen
10M ago
On October 7, 2023 Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding prior use of cannabis that is learned from a criminal history. However, SB 700 does not preempt state or federal laws requiring an applicant to be tested for controlled substances, nor is an employer prohibited from asking about an applicant’s criminal history as long as in compliance with state law requirements.   This change takes effect on January 1, 2024. As a remi ..read more
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District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13
Jackson Lewis Drug Test Law Advisor
by Matthew F. Nieman
1y ago
The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibiting both possession and use of marijuana. In addition to protections for private employees, the D.C. Cannabis Employment Protections Amendment Act of 2022 (C.E.P.A.A.) imposes new obligations on private employers to inform employees of the new laws. D.C. Law 24-190 §§ 100 et seq.; tentati ..read more
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Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use
Jackson Lewis Drug Test Law Advisor
by Catherine A. Cano and Elaine Luthens
1y ago
Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two pounds of cannabis flower in the individual’s private residence, among other things. Minnesota has had a medical cannabis law since 2014 that prohibits discrimination against medical cannabis patients. Now, the state will protect all employee off-duty use of cannabis as of August 1, 2023. Protections for Off-Duty Use The new law amends Minnesota’s Consumable Products Act (CPA ..read more
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