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
DHHS Proposes Rules Permitting Oral Fluid Drug Testing and Synthetic Opiate Testing
The U.S. Department of Health and Human Services (“DHHS”) proposed new guidelines in the Federal Register on May 15, 2015 that would revise the Mandatory Guidelines for Federal Workplace Drug Testing Programs in two significant ways: (1) to permit the testing of oral fluid specimens for drugs; and (2) to include drug testing for
Georgia Enacts Medical Marijuana Law
Georgia became the twenty-fourth state to enact a medical marijuana law. On April 16, 2015, Governor Nathan Deal signed legislation that immediately legalizes the use of a low-potency form of cannabis oil for medicinal uses. The new law, House Bill 1, known as “Haleigh’s Hope Act,” permits patients suffering from cancer, Crohn’s disease, Lou Gehrig’s
Workers Abuse A.D.H.D. Drugs To Be More Productive At Work
The New York Times reported on April 18, 2015 that employees increasingly are abusing stimulants used to treat attention deficit hyperactivity disorder to be more productive at work.
Prescription stimulants have a calming and “focusing” effect on individuals with A.D.H.D., a disorder marked by severe impulsivity and inattention. The Times article stated that while reliable
New York Governor Issues Health Alert After Surge In Hospitalizations Due to Synthetic Marijuana Use
Governor Andrew M. Cuomo issued a health alert on April 16, 2015 warning New Yorkers that a recent increase in the use of synthetic marijuana has caused more than 160 people to be hospitalized since April 8th.
Synthetic marijuana consists of plant material coated by chemicals which mimic THC, the active component of
U.S. Department of Transportation Publishes Rule Permitting Use of Electronic Drug Testing Custody and Control Form
The Department of Transportation published a final rule in the Federal Register effective April 13, 2015 concerning the use of the electronic version of the Federal Drug Testing Custody and Control Form (eCCF).
The final rule allows DOT-regulated employers, collectors, laboratories and medical review officers to use the electronic version of the Federal Drug Testing
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
Alcoholic Employee’s Suit Dismissed Because He Could Not Prove He Was Disabled
A federal district court dismissed the discrimination claims of an alcoholic individual who claimed that his former employer refused to rehire him after he completed alcohol rehabilitation. Alexander v. Washington Metropolitan Area Transit Authority, No. 12-cv-1959 (D.D.C. March 10, 2015).
Alexander was a former employee of the Washington Metropolitan Area Transit Authority (“WMATA”) who suffered
Federal Spending Bill Creates Controversy Over Federal Government’s Position on Medical Marijuana
Buried in the $1.1 trillion federal spending bill for 2015 — which Congress approved last weekend and which President Obama signed into law on December 16, 2014 — is a measure stating that federal funds may not be used by the U.S. Department of Justice (DOJ) to prevent certain states from implementing medical marijuana laws.
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