Developments in Regulating Workplace Drug and Alcohol Testing
The Governor of New York signed on July 7 New York’s Compassionate Care Act, which will permit limited use of medical marijuana by individuals suffering from covered medical conditions, making New York the 23rd state to legalize the use of medical marijuana.
Under the law, no more than five private organizations in the state will…
Minnesota’s new Medical Cannabis Act, signed into law on May 29, 2014, differs from many other state medical marijuana laws in that it narrows the kind of medical cannabis permitted. It also offers considerable protections to applicants and employees in the workplace.
The law does not cover marijuana that can be smoked. It defines “medical…
West Virginia Governor Earl Ray Tomblin signed into law March 28, 2014 an amendment to the West Virginia Code requiring mandatory employer reporting to the West Virginia Office of Miners’ Health, Safety and Training (“OMHST”) whenever an applicant or employee, working in a safety-sensitive mining position, tests positive on a drug or alcohol test or…
A bill introduced February 18, 2014 in the U.S. House of Representatives would require registered manufacturers and distributors of controlled substances identified under the Controlled Substances Act to perform criminal background checks and drug testing for employees with access to controlled substances.
The measure, “Ensuring Patient Access and Effective Drug Enforcement Act of 2013” (H.R.…
Last year New York became the first state to enact a law mandating that doctors and pharmacists track patients’ prescription medication history. The tracking system, known as I-STOP – Internet System for Tracking Over-Prescribing – went into full effect on August 27, 2013, and now requires doctors to consult a database of a patient’s prescription…
The U.S. Department of Justice announced August 29, 2013 that it will not challenge state laws recently enacted in Colorado and Washington State legalizing marijuana, as long as those laws do not conflict with certain federal enforcement priorities. A memorandum to all United States Attorneys across the country from Deputy Attorney General James M. Cole…
To the drugs of abuse commonly plaguing employers, synthetic cannabinoids, such as K2 and Spice, and synthetic cathinodes, often label as “bath salts,” will have to be reckoned with. Although the overwhelming majority of states have outlawed K2 and Spice, as well as bath salts, according to the National Council on State Legislatures, and…
Governor Rick Perry (R) of Texas has approved legislation that will require applicants for unemployment insurance to face state-administered drug tests as a condition of receiving benefits. S.B. 21 takes effect on September 1, 2013, but it would apply to claims filed with the Texas Workforce Commission beginning February 1, 2014. In signing the bill…
Washington State’s U.S. Senators, along with five members of the state’s delegation to the House of Representatives, all Democrats, have requested U.S. Attorney General Eric Holder to announce the federal government’s position on Washington State’s and Colorado’s legalization of marijuana as soon as possible. In a letter to Mr. Holder dated June 17, 2013, the…
The governor of Arizona signed a law on May 7, 2013 requiring drug testing and criminal background checks for all drivers of livery vehicles, taxis and limousines. The law requires those who own or lease such vehicles to conduct pre-employment drug testing and criminal background checks on applicants for such driving positions. After hire, drivers…
