PPB August 2021

• Remove the employee from their workspace, especially if they could cause harm to themselves, others or property • Have someone take the employee for a drug test; do not let them drive themselves • Take proper disciplinary action, including possible termination if the side effects are verified by a positive test In states where marijuana is only legal for medical use, if the employee justifies the positive result claiming they have a prescription, verify their prescription card or ask for a note from their health-care provider. Clearly State Your Expectations Before And During Employment As mentioned before, there is no law requiring employers to allow employees to use, possess, sell or be under the influence of marijuana while at work. Given the negative impacts to performance and safety, employers can and should take a no-tolerance stance to marijuana as well as alcohol and mind- altering drugs (even if prescribed) in the workplace. Clearly and repeatedly state this expectation and the repercussions for failing to meet this expectation to all applicants, candidates and employees throughout the hiring process and the employment relationship. Explain the company’s drug testing procedures and disciplinary action, including immediate termination, for failing to meet that expectation. Stay Up-To-Date On This Constantly-Evolving Area Of Employment Law Given the changing regulations, we recommend staying current on the marijuana laws in your state. If you have applicants or employees based in other states, you also need to learn the laws in those states as well. Consult with your employment attorney or HR consultant before implementing, revising or enforcing your marijuana/drug testing policy. Affinity HR Group continues to monitor the subtleties of the different state marijuana laws. PPAI members are encouraged to reach out to the company with any questions. Paige McAllister, SPHR, SHRM-SCP, is vice president for compliance at Affinity HR Group, Inc., PPAI’s affiliated human resources partner. The company specializes in providing human resources assistance to associations such as PPAI and their member companies. www.affinityHRgroup.com . The Lingering Effects Of Weed Medical News Today reports that research from 2017 estimates that the effects of a single marijuana cigarette can linger in the body for about three days, depending on how often the person smokes. Research shows: • For first-timers, tests may detect marijuana for about three days. • In someone who smokes marijuana three or four times per week, the detection window is five to seven days. • For people who smoke marijuana once a day or more, tests may detect it in their system for 30 days or longer. • The type of test taken can also be a factor. • Urine tests can detect marijuana in the urine for approximately three to 30 days after use. • Saliva tests can detect marijuana for approximately 24 hours after use. Some saliva tests have detected marijuana for up to 72 hours. • Hair tests are the most sensitive tests, detecting THC for up to 90 days after use. However, these tests are testing the oil in skin that transfers to hair, and so they may occasionally show a false positive. A person who comes into contact with a THC user could, theoretically, test positive on a hair test. • Blood tests can only detect THC for three to four hours. 58 | AUGUST 2021 | GROW