PPB August 2021

medicinal and recreational purposes. Several states also have laws preventing employers from taking employment actions against employees for legal off-duty conduct. Understand The Different Uses Recreational marijuana can be used by adults (usually 21 years of age or older) in limited amounts as they wish. Medicinal marijuana requires a prescription from a health-care provider due to covered reasons, which vary state-to-state. By definition, an employee who has a prescription for its use has a condition which may be protected under the ADA and ADAAA. Cannabidiol (or CBD oil) is oil derived from the cannabis plant which is used to relieve a long list of issues including pain and inflammation as well as anxiety and depression, migraines, MS, epilepsy and Parkinson’s disease. It does not cause mind-altering effects as those seen in marijuana. Learn Common Side Effects And The Length Of Time They Are Felt Or Observed To have a better chance of recognizing if an employee is under the influence while at the workplace, you need to become familiar with common tell-tale signs including the stereotypical dilated pupils and odor of marijuana, but also: • distorted sense of time • impaired memory • impaired coordination • difficulty in thinking clearly • mood swings • hallucinations or delusions • fear or anxiety • increased appetite Various factors, including amount consumed, concentration of THC, body weight and metabolism, if the person has eaten and general tolerance impact how long these side effects will be observed. Understand The Different Testing Options And Standards Marijuana can be detected using saliva, blood, urine or hair testingmethods, each having different detection parameters and timing. Again, factors such as form (i.e., smoke or edible), repeated and regular usage, age and weight will impact if marijuana is detected and how long it will show up in a person’s system, ranging from36 hours to 90 days. Also, CBD oil itself may result in a positive THC drug result even though it does not cause the “high” of marijuana. Update Your Pre-Employment Procedures Background checks: You may not be able to consider past marijuana-related criminal convictions once decriminalized. Even in the states where use is still illegal but past convictions are decriminalized, you must disregard any reference to these convictions if they appear on a criminal history report. Pre-employment drug screening: Unless the position falls under stricter federal regulations (such as DOT), consider the practicality of testing for marijuana after making a conditional offer of employment to a candidate. • If your state has fully legalized marijuana use, you will be prohibited from taking any action on this result so you may be paying for something you cannot use or enforce. Furthermore, if legal, off-duty activities are protected in your state, then you may now have knowledge of an activity which, if you treat the person adversely or differently during employment, can create legal exposure for you. • If medicinal use is legal, a positive result may lead you to ask about medical information to verify the legal use. This could then create ADA/ADAAA exposure as the candidate would have to reveal medical information requiring marijuana as a treatment. In both situations, consider removing marijuana drug testing from your pre-hire process to eliminate this exposure. If you do keep it in your process, train anyone involved as to what is and is not allowed and what can and cannot be asked to clarify. Enforce Policies Prohibiting The Use, Possession And Being Under The Influence At Work Given the impact on safety and productivity, employers are allowed to take action if an employee shows multiple side effects, especially if involved in a workplace accident. If you suspect an employee is under the influence of marijuana you should: • Have another manager confirmmultiple side effects being exhibited Unlike alcohol, testing for the presence of marijuana presents a problembecause it canbe detected formuch longer than a person experiences its side effects or symptoms. | AUGUST 2021 | 57 GROW