College athletes around the country may soon be in for an unexpected change in drug testing requirements. The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) recently showed support for removing cannabis from the organization’s banned drug list and testing protocols. The committee will discuss the decision with its members throughout the summer and final action will be decided on in the fall. Action items the committee will focus on include considering whether NCAA drug testing should only be limited to performance-enhancing substances, and seeking approval from the NCAA Board of Governors to stop testing for cannabis at championship events while the ultimate legislative decision is pending. To finalize the decision of cannabis being removed from the NCAA’s list of banned drugs, all three of its divisional governance bodies have to introduce and adopt legislation.Continue Reading Puff-Puff-Pass the Ball? NCAA Ponders a Different Kind of High Standard for Drug Testing Athletes
Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for recreational purposes, after Minnesota Governor Tim Walz signed a state law allowing adults 21 and older to use recreational cannabis. The new law amends the state’s Consumable Products Act to protect off-duty cannabis use. The law also amends Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) by excluding cannabis from the definition of “drug” and by creating two different workplace drug testing schemes based on whether positions are exempt from the cannabis testing prohibitions. Continue Reading Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme
On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances.
By including the law as an amendment to the Fair Employment and Housing Act (FEHA), the new law, which is effective January 1, 2024, essentially makes cannabis users a protected class in California.Continue Reading California Employers See Most Cannabis Testing Go Up in Smoke
As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey Constitution to legalize recreational cannabis.
The law allows employers to conduct numerous forms of drug testing for cannabis, but limits an employer’s ability to rely on a positive cannabis test result in making employment decisions. It requires that a drug test include both “scientifically reliable objective testing methods and procedures, such as testing of blood, urine, or saliva” and a “physical evaluation.” The “physical evaluation” must be conducted by an individual certified to provide an opinion about an employee’s state of impairment, or lack of impairment, related to the use of cannabis. The law tasked the Cannabis Regulatory Commission with adopting standards for this “Workplace Impairment Recognition Expert” (WIRE), who must be trained to detect and identify an employee’s use or impairment from cannabis or other intoxicating substances and to assist in the investigation of workplace accidents.Continue Reading New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.
The ban on cannabis sales in DC remains in effect. The Delaware House voted against adult-use marijuana. New York is offering opportunities in the cannabis industry to those with marijuana convictions. The NCAA is relaxing its drug testing policy. And finally,…
Continue Reading The Week in Weed: March 18, 2022
The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports, some large employers have stopped testing job applicants for cannabis. As a result, other employers may be pondering whether to change their approach to an increasingly popular drug…
Continue Reading To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices
Welcome back to The Year In Weed, our annual roundup of cannabis-related stories. As usual, we’ll adopt Dave Barry’s Year in Review format and look at stories month by month. Last year, I wished for “better things” in 2021. Is that what we got? 2020 was such a low bar, it’s hard to see how any year couldn’t clear…
Continue Reading The Year in Weed: 2021 Edition
Last month, the Centers for Disease Control, National Institute for Occupational Safety and Health, issued a bulletin directed to employers with workers who drive as part of their jobs. The bulletin, “Marijuana Driving: How to Keep Your Fleet’s Drivers Safe,” recognizes that marijuana use is on the rise due to the explosion of medical and recreational marijuana laws passed in…
Continue Reading CDC Issues Guidance for Employers to Address Possible Marijuana Use by Drivers
Seyfarth Synopsis: On June 25, 2021, concluding that Iowa’s comprehensive drug testing statute requires employers to “substantially” comply with its mandates, the Iowa Supreme Court issued two separate decisions finding that employers violated the statute after terminating employees in response to failed drug tests. The decisions serve as important reminders to employers to ensure their drug testing policies and practices …
Continue Reading Iowa Supreme Court Takes on Employer Drug Testing Practices
Seyfarth Synopsis: An American athlete has been suspended for one month for testing positive for marijuana and violating the Anti-Doping Rule, putting her ability to represent the United States in the Olympic games in jeopardy.
American athlete, Sha’Carri Richardson, set herself apart on June 19, 2021, by winning the 100-meter race in 10.86 seconds at the U.S. Olympic trials. Richardson…
Continue Reading Sha’Carri Richardson, Olympic Hopeful, Suspended after Testing Positive for Cannabis