MARIJUANA LEGALIZATION

LEGAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

Employer Can't Fire for Positive Test

Employer Can't Withhold Employment

Employer CAN Test for Parent THC

Fitness For Duty Permitted

*Construction Industry Exempt

As of 2024 California Prohibits employers from firing or denying employment to any person based solely on a Marijuana test that screens for the drug's "Metabolites"(Hair, Urine, Bloo

Employer Can't Fire for Positive Test

Employer Can't Withhold Employment

Employer CAN Test for Parent THC

Fitness For Duty Permitted

*Construction Industry Exempt

As of 2024 California Prohibits employers from firing or denying employment to any person based solely on a Marijuana test that screens for the drug's "Metabolites"(Hair, Urine, Blood). Construction related industries are exempt. Employers may STILL TEST for the "Parent Drug" of Marijuana without prohibition using Oral Fluid/Saliva Based Testing.

Employers may also continue to test for Marijuana metabolites, subject to Fitness For Duty Clearance.

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NATIONAL CONSIDERATIONS

THC Is Still Illegal Under Federal Law

D.O.T. Must Still Test For THC

Check Your States Restrictions For All Non-DOT Testing events

THC Is Still Illegal Under Federal Law

D.O.T. Must Still Test For THC

Check Your States Restrictions For All Non-DOT Testing events

Marijuana Use and Possession is still a violation of the Federal Controlled Substances Act. However, Federal Authorities have been defunded, so minor infractions are no longer prosecuted. This means each State is free to regulate Marijuana as it sees fit. Please ensure you check each State's Marijuana Law before testing for Marijuana in your State.

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LEGAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

LEGAL CONSIDERATIONS

Employer Can't Fire for Positive Test

Employer Can't Withhold Employment

Employer CAN Test for Parent THC

Fitness For Duty Permitted

Arizona Prohibits employers from firing or denying employment to any person based solely on any Marijuana test, when the person possess a State Issued Medical Marijuana Card.

Employers may also continue to test f

Employer Can't Fire for Positive Test

Employer Can't Withhold Employment

Employer CAN Test for Parent THC

Fitness For Duty Permitted

Arizona Prohibits employers from firing or denying employment to any person based solely on any Marijuana test, when the person possess a State Issued Medical Marijuana Card.

Employers may also continue to test for Marijuana metabolites, subject to Fitness For Duty Clearance.

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SOME POSSIBLE SOLUTIONS

KEEP TESTING FOR MARIJUANA

If a Donor tests positive for marijuana metabolites, we suggest sending the Donor to his Primary Care Physician for a Fitness For Duty Evaluation. If the Doctor clears the Donor to perform his assigned duties, hire him. If not, disqualify based on the Doctor's recommendation (NOT the Positive test alone).

CONSIDER ORAL FLUID TESTING

Oral Fluid Testing will only pick up the "Parent" drug for Marijuana, NOT the drugs metabolites. This means a Positive Oral Fluid test can be grounds to disqualification or dismissal. No Fitness For Duty Evaluation required.

MARIJUANA CARVE-OUT

You may consider "carving out" Marijuana from your Pre-Employment and Random testing panels. Consider keeping Marijuana in your Post Accident and Reasonable Suspicion testing panels. This may increase your applicant pool, but it will also increase your liability of hiring a protentional drug user. The choice is always yours.

MARIJUANA LEGALIZATION

LEGAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

LEGAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

LEGAL CONSIDERATIONS

LEGAL CONCERNS SIMPLIFIED

SOME POSSIBLE SOLUTIONS

KEEP TESTING FOR MARIJUANA

CONSIDER ORAL FLUID TESTING

MARIJUANA CARVE-OUT

Supporting Documents