The Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) have published a new report discussing trends in the growing heroin epidemic in the United States. The July 7, 2015 report examined data from the 2002 – 2013 National Survey on Drug Use and Health, which revealed significant increases in
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Colorado Supreme Court Holds Medical Use of Marijuana is Not “Lawful”; Upholds Employee Discharge For Positive Drug Test
In a long-awaited and highly-anticipated decision, the Colorado Supreme Court unanimously upheld an employer’s termination of an employee who tested positive on a drug test due to his off-duty use of medical marijuana. Interpreting Colorado’s “lawful activities statute,” the Court held that the term “lawful” refers only to activities that are lawful under both state…
Anonymous Second-Hand Tip Did Not Establish Reasonable Suspicion for Public Employee Drug Test
A tip regarding employee on-the-job drug use by an unidentified source, relayed second-hand by a news reporter, is insufficient to establish individualized reasonable suspicion (required under the Fourth Amendment) to require a public employee to submit to a drug test, according to a recent decision by the United States District Court for the Eastern District…
Employee’s Admission of Off-Duty Marijuana Use Insufficient to Deny Unemployment Benefits
An employee’s admission of off-duty marijuana use was not “misconduct” sufficient to deny unemployment benefits, even if it may have been a sufficient reason for his discharge, according to an Illinois appellate court. Eastham v. The Housing Authority of Jefferson County, No. 09-MR-57 (Ill. App. Ct. 5th Dist. Dec. 2, 2014).
Eastham worked for…
Workplace Positive Drug Test Rates Are Increasing; Marijuana Use Surging in Colorado and Washington, New Study Shows
A new study published by Quest Diagnostics reported an increase in the workforce drug test positivity rate for the first time in ten years, fueled primarily by marijuana and amphetamines. The Quest Drug Testing Index (DTI) released on September 11, 2014 also showed a large increase in positive marijuana test results in Colorado and Washington,…