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Cannabis Conundrum

The Cannabis Conundrum

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   HR departments are being forced to create drug testing policies and

 

procedures for cannabis workers. Possession or use of marijuana

 

remains illegal under federal law, but state laws are changing at a

 

dizzyingly-fast-pace. Courts have begun siding with workers who say

 

their medical marijuana use led to unfair dismissal. Nevada and New

 

York City voted to ban marijuana testing for job applicants in April.

 

Experts agree employers have a right to implement drug-free

 

workplace policies. Every day there is a new state or city that legalizes

 

some form of marijuana use. The challenge for HR is to stay up to

 

speed with the current climate and what an employer can and can't do

 

regarding marijuana.

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   At least 33 states have a comprehensive medical marijuana program.

 

Colorado and Washington legalized cannabis for recreational use in

 

2012. About 66 percent of Americans favor legalizing marijuana,

 

according to Gallup polls. That's the highest level of support in 50 years

 

of polling in favor of legalization. About 24 million Americans are

 

current users of marijuana, according to a 2016 Substance Abuse and

 

Mental Health Services Administration survey. The rate of positive tests

 

has increased 35 percent since 2010 in states where marijuana is

 

illegal.

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    People who test positive for marijuana have 55 percent more

 

accidents, study finds. Marijuana use has been linked to 85 percent

 

more injuries and 75 percent more absenteeism. Testing for marijuana

 

is different from testing for alcohol, creating complications for HR.

 

There's no consensus over just how much THC—the drug's

 

psychoactive component means a person is impaired. Federal rules set.

 

04 percent blood alcohol readings as a violation for workers in jobs

 

such as driving trucks.

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   Many companies have dropped against drug testing because it hurts

 

their ability to compete in the labor market. Michigan Manufacturer’s

 

Association has 1,700 members. The tech giant (Apple) says it no

 

longer tests applicants for jobs with safety risks. Some employers have

 

stopped all drug testing, including for marijuana, because it inhibits

 

their ability to attract and retain talent. "It's safer if you're using a

 

computer" than a knife, says one lab technician. Testing is too risky for

 

people who are under the influence of marijuana, she says.

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    Growing number of employees rely on legally obtained marijuana to

 

treat, alleviate, or counteract a range of medical conditions. A

 

Massachusetts court has ruled that a registered medical marijuana

 

patient could sue her employer for disability discrimination after she

 

was fired. Employers must explore reasonable accommodations if an

 

employee is registered for medical marijuana use to treat a condition

 

that's covered under the state's anti-discrimination law.

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    Although some individuals may be prescribed the drug, it is crucial to

 

pay close attention to anyone you may suspect, and to inform all

 

current or prospective employees of your company drug policy. For

 

owners and managers, knowing your state laws on the use of cannabis

 

is a must. Knowing when and on what grounds you should test your

 

employees is also a preventative measure. If the use of cannabis is not

 

taken seriously in the workplace, the business will suffer dramatically.

 

 

Team 4: Topic 6 – Health and Safety

Work Cited

Lytle, Tamara. “The Cannabis Conundrum.” HR Magazine, vol. 64, no. 3, Fall 2019, pp. 28–35. EBSCOhost,search.ebscohost.com/login.aspx?direct=true&AuthType=ip,shib&db=bth&AN=138619738&site=bsi-live.

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