EMERGENCY SERVICES CALL 760-835-0318 - OFFICE: (760) 770-6068 / (760)355-0796

FORENSIC Drug Testing Services, Inc.
FORENSIC Drug Testing Services, Inc.
  • Home
  • ORDER TEST
  • PRIVATE TEST
  • ENROLL NOW
  • DNA Paternity Testing
  • REGULATED EMPLOYERS
  • Unregulated Employers
  • CLEARINGHOUSE
  • AM I REGULATED ?
  • CBD Concerns
  • Commercial Info
  • COLLECT & TESTING PROCESS
  • Contact Us
  • DILUTE Sample Explained
  • EMPLOYER Action Plan
  • Employer Legal Concerns
  • ENROLLMENT APPLICATION
  • ETG Urine Alcohol Testing
  • Fitness For Duty
  • FORMS (Client's Only)
  • GETTING HELP - Resources
  • HIPAA Concerns
  • Laws
  • MARIJUANA LEGALIZATION
  • OLD MEDIA
  • PAY ONLINE
  • POST Accident Guide
  • State Law Protections
  • Terms of Use/Disclaimer
  • TESTING & CUT-OFFS
  • TRAINING
  • VeriForce CSP (SoCal Gas)
  • INSTANT Drug Screening
  • FormFox LOGIN
  • More
    • Home
    • ORDER TEST
    • PRIVATE TEST
    • ENROLL NOW
    • DNA Paternity Testing
    • REGULATED EMPLOYERS
    • Unregulated Employers
    • CLEARINGHOUSE
    • AM I REGULATED ?
    • CBD Concerns
    • Commercial Info
    • COLLECT & TESTING PROCESS
    • Contact Us
    • DILUTE Sample Explained
    • EMPLOYER Action Plan
    • Employer Legal Concerns
    • ENROLLMENT APPLICATION
    • ETG Urine Alcohol Testing
    • Fitness For Duty
    • FORMS (Client's Only)
    • GETTING HELP - Resources
    • HIPAA Concerns
    • Laws
    • MARIJUANA LEGALIZATION
    • OLD MEDIA
    • PAY ONLINE
    • POST Accident Guide
    • State Law Protections
    • Terms of Use/Disclaimer
    • TESTING & CUT-OFFS
    • TRAINING
    • VeriForce CSP (SoCal Gas)
    • INSTANT Drug Screening
    • FormFox LOGIN
  • Home
  • ORDER TEST
  • PRIVATE TEST
  • ENROLL NOW
  • DNA Paternity Testing
  • REGULATED EMPLOYERS
  • Unregulated Employers
  • CLEARINGHOUSE
  • AM I REGULATED ?
  • CBD Concerns
  • Commercial Info
  • COLLECT & TESTING PROCESS
  • Contact Us
  • DILUTE Sample Explained
  • EMPLOYER Action Plan
  • Employer Legal Concerns
  • ENROLLMENT APPLICATION
  • ETG Urine Alcohol Testing
  • Fitness For Duty
  • FORMS (Client's Only)
  • GETTING HELP - Resources
  • HIPAA Concerns
  • Laws
  • MARIJUANA LEGALIZATION
  • OLD MEDIA
  • PAY ONLINE
  • POST Accident Guide
  • State Law Protections
  • Terms of Use/Disclaimer
  • TESTING & CUT-OFFS
  • TRAINING
  • VeriForce CSP (SoCal Gas)
  • INSTANT Drug Screening
  • FormFox LOGIN

FORENSIC DRUG TESTING SERVICES PLAN OF ACTION

CARVE OUT MARIJUANA from our default drug panel

As of 1-1-2024 Forensic DTS will no longer "automatically" test for marijuana/THC metabolites.  It will be carved out of our standard default panels.  Employers may request that it be added back into any test panel, on a case by case request, using our standard Drug Test Order Form.

T.H.C. NON-DISCRIMINATION LAW (AB-2188)

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. The Legislature finds and declares both of the following:

(a) Tetrahydrocannabinol (THC) is the chemical compound in cannabis that can indicate impairment and cause psychoactive effects. After tetrahydrocannabinol is metabolized, it is stored in the body as a nonpsychoactive cannabis metabolite. These metabolites do not indicate impairment, only that an individual has consumed cannabis in the last few weeks.

(b) The intent of drug tests is to identify employees who may be impaired. While there is consensus that an employee should not arrive at a worksite high or impaired, when most tests are conducted for cannabis, the results only show the presence of the nonpsychoactive cannabis metabolite and have no correlation to impairment on the job.

(c) As science has improved, employers now have access to multiple types of tests that do not rely on the presence of nonpsychoactive cannabis metabolites. These alternative tests include impairment tests, which measure an individual employee against their own baseline performance and tests that identify the presence of THC in an individual’s bodily fluids.


SEC. 2. Section 12954 is added to the California Government Code, to read:

12954. (a) It is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:

(1) The person’s use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.

(2) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

(b) Nothing in this section permits an employee to possess, to be impaired by, or to use, cannabis on the job, or affects the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by federal law or regulation.

(c) This section does not apply to an employee in the building and construction trades.

(d) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.

(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.

(f) This section shall become operative on January 1, 2024.

EMPLOYER 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 WITH URINE TESTING

Oral Fluid Testing will only pick up the "Parent" drug for Marijuana, NOT the drug metabolite.  This means a Positive Oral Fluid test can be grounds to disqualification or dismissal.  Combine Oral Fluid with Urine Drug Testing to get a full drug panel.

MARIJUANA CARVE-OUT

You may consider "carving out" Marijuana from your entire Drug Prevention and Testing Program.  The choice is always yours.


DRUG DETECTION TIMES:

  • Urine:  Up to 7 days, 30 days for Marijuana.
  • Oral Fluid:  Up to 2 days, 12 hours for Marijuana.
  • Head Hair:  Up to 90 days.
  • Body Hair:  Up to 6 months.


* Construction Trades and DOT Testing is exempt from this prohibition, and can still test for THC Metabolites in urine.

MARIJUANA LEGALIZATION

LEGAL CONSIDERATIONS

NATIONAL 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 & DOT 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

Employer Can't Fire for Positive Test

Employer Can't Withhold Employment

Employer CAN Test for Parent THC

Fitness For Duty Permitted

*Construction Industry & DOT 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 & DOT 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. 

NATIONAL CONSIDERATIONS

NATIONAL CONSIDERATIONS

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


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 Stat

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.

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.  

LEGAL CONCERNS SIMPLIFIED

Check out this great video for complete details

Supporting Documents

Marijuana Update Form 2023 (pdf)Download
Fitness For Duty Feb 2022 (pdf)Download
THC Legalization (pptx)Download

PALM DESERT OFFICE:  (760) 770-6068

IMPERIAL OFFICE:  (760) 355-0796

* We are not a government or enforcement agency.

  • Contact Us
  • Refund & Exchange Policy