Most government jobs in Michigan will stop drug testing prospective employees for cannabis, per a rule change that took effect Sunday. The changes also provide people who’ve already been denied jobs over positive THC drug tests an opportunity to get the sanctions retroactively rescinded. The rule change was first proposed to the Michigan Civil Service Commission by John Gnodtke, State Personnel Director, on May 12.

At a July 12 meeting, the Michigan Civil Service Commission approved the proposed new changes and adopted rule amendments to allow rescinding active sanctions for some applicants who tested positive for cannabis in drug tests since 2020. 

“When a drug test is required, an appointing authority shall require testing for marijuana, cocaine, opiates, amphetamines, and phencyclidine, except that marijuana testing is not authorized for a preemployment drug test for a new hire to a position that is not test‐designated and cannot be used to rescind a conditional offer of employment to such a position,” the amended rule reads. “Before If an agency requires testing for other drugs, it must first obtain written approval from the director. A request must include the agency’s proposed initial test methods, testing levels, and performance test program. When conducting reasonable‐ suspicion or post‐accident testing, an agency may require testing for any drug listed in schedule 1 or 2.”

Commissioner Nick Ciaramitaro said the change is needed to comply with Michigan’s adult-use cannabis statute, which was approved via a statewide ballot measure in 2018. Voters also legalized medical cannabis 10 years earlier with the approval of the state’s 2008 ballot proposal.

“Whether or not we agree with it or not is kind of beyond the point,” Ciaramitaro told MLive. “Use of marijuana on the job is different than having used it months before you take the test … It doesn’t make sense to limit our ability to hire qualified people because they took a gummy two weeks ago.”

Michigan residents made the decisions to “treat marijuana, recreational marijuana, much like alcohol,” said Commission chair Jase Bolger.

Two years ago, Michigan Attorney General Dana Nessel sent a legal opinion to Michigan’s Unemployment Insurance Appeals Commission, which argued that employees fired from their jobs for cannabis use outside the workplace are technically still eligible for unemployment benefits per state law.

“Marijuana was not used on the job or on the employers’ premises, nor did it impair the employee during work hours,” Nessel’s office said in a statement at the time.

“The people spoke loud and clear when they voted in 2018 to legalize marijuana once and for all,” the Nessel said. “Nobody over 21 can be penalized or denied any right or privilege solely for legally using marijuana, and employers cannot control their employees’ private lives by calling the legal use of marijuana outside of work hours ‘misconduct.’”

Nessel’s argument appears to stand and go beyond unemployment benefits.

Positive THC Workplace Drug Tests Hits All-Time High

One major reason to update drug testing policies is its utter failure in deterring job candidates from refraining from smoking. Failed drug tests for THC hit an all-time high just months ago, according to one analysis.

According to a Quest Diagnostics Drug Testing Index Analysis that was published on May 18, post-accident workplace drug testing hit an all-time high in 2022. Last year, 7.3% workforce drug urine samples contained cannabis, in comparison to 6.7% of workers in 2021. Quest Diagnostics states that it has recorded a steady rise in post-accident cannabis positivity since 2012, with a 204.2% increase in workers testing positive for cannabis over the past 10 years. Between 2002-2009, post-accident positive test results had decreased.

The report indicates that cannabis was the primary reason that workers’s drug tests have been positive, but other substances such as amphetamines have also contributed to the increase, with cannabis increasing by 10.3% and amphetamines increasing by 15.4%. In 2022, the most common industries that saw a rise in positive workplace drug tests were Accommodation and Food Services (7%), Retail Trade (7.7%), and Finance and Insurance (3.6%).

In September 2022, New Jersey regulators issued employment guidance for cannabis rules in the workplace, which “is meant to support employers’ right to create and maintain safe work environments, and to affirm employees’ right to due process.”

Changes are taking place at the federal level as well. In February 2021, the Biden administration announced a new policy that would allow applicants to be hired even if they had previously consumed cannabis. “The White House’s policy will maintain the absolute highest standards for service in government that the President expects from his administration, while acknowledging the reality that state and local marijuana laws have changed significantly across the country in recent years,” the policy stated.

The post Michigan Drug Testing for Pot Ends for Most Government Employees appeared first on High Times.

The post Michigan Drug Testing for Pot Ends for Most Government Employees appeared first on Paradise Found.

A newly enshrined ordinance in Seattle will give cannabis dispensary workers in the city stronger labor protections, part of an ongoing effort by leaders to make the marijuana industry more equitable. 

The ordinance, which took effect last Wednesday, requires covered outgoing cannabis business employers to post “written notice of a change in control” and provide “a preferential hiring list to the incoming cannabis employer,” while also requiring the incoming employer to retain “covered employees for a certain period of time following the change” and follow “other hiring and retention requirements.” 

Steven Marchese, the director of Seattle’s Office of Labor Standards, said that his office “is committed to providing outreach, education, and enforcement for Seattle’s newest labor standard.” 

Marchese said that the new law, known as the Cannabis Employee Job Retention Ordinance, “provides protections for workers in this industry that will help provide a stable workplace, stronger workforce, and contribute to a better overall economy for Seattle.”

Cody Funderburk, a local cannabis activist who works in the cannabis industry and is a former member of a local cannabis union, called the Cannabis Employee Job Retention Ordinance “a monumental step toward protecting the rights of cannabis industry employees.”

“The effects of this legislation will improve job security for thousands of employees in Washington State’s cannabis industry. Workers deserve the peace of mind of knowing that their livelihoods will be safe as the cannabis industry continues to rapidly shift and evolve,” Funderburk said in a statement.

A press release from the Office of Labor Standards said that the new ordinance reflects the commitment from the city of Seattle and its mayor, Bruce Harrell, “to improve equitable outcomes in the cannabis industry and clarify matters raised in the ordinance, including provisions related to preferential hiring, offer of employment, and discharge from employment for just cause.”

Last summer, Harrell introduced a trio of bills to the Seattle city council aimed at promoting diversity in the local cannabis industry.

The three bills sought to require the following, per a press release from Harrell’s office at the time: “Creation of a City-level social equity license, intended to reduce barriers toward opening cannabis stores for underrepresented communities and those most impacted by the war on drugs; Laying the groundwork for future cannabis-related businesses, in collaboration with the Washington State Liquor and Cannabis Board, to also issue licenses through a social equity framework; Ensuring transparency to employees around ownership of cannabis store business licenses holders; Requiring a 90-day retention of store workforce when ownership changes, similar to protections created for hotel workers in 2019; Creation of a short-term cannabis advisory committee, selected in collaboration with City Council to collect input on cannabis equity and needs from workers, community members, and industry leaders; Implementation of a needs assessment to understand additional steps to make the industry more robust and sustainable for diverse communities; Collaboration with County and community efforts to further the work of expunging convictions for cannabis-related crimes prior to 2014; Development of a state and federal legislative agenda promoting cannabis equity, as well as safety improvements, capital investments, and access to banking services.”

Harrell said that the proposals were designed to help the city’s cannabis industry continue to evolve.

“As the cannabis industry continues to develop, we must course correct and support the communities who too often have been left behind. Equity in this industry means safe working conditions and fair treatment for workers, store ownership that includes the communities most impacted by the war on drugs, and a commitment to fairness, innovation, and opportunity,” Harrell said.

The post New Law Gives Seattle Dispensary Employees Stronger Labor Protections appeared first on High Times.

The post New Law Gives Seattle Dispensary Employees Stronger Labor Protections appeared first on Paradise Found.

When in doubt, it’s probably not a good idea to ship felony amounts pot to your workplace—especially not on your day off. 

A box containing about three pounds of cannabis was found in a parcel at a used car dealership, which was addressed to an employee at CarMax in Gastonia, North Carolina, according to the Gastonia Police Department (GPD). Employees at CarMax regularly receive parcels at work, but this particular box was suspicious enough for them to investigate. The box was shipped from a location in Hollywood, California, where weed is legal, but not in that large of an amount.

The CarMax employee, Michael Williams, 39, unfortunately was not at work on the day the package arrived, so he could not hide it to keep it under wraps. Williams’ fellow employees called authorities when they found the box, and police confiscated the pot.

Local police officers were not done, however: They refilled the box with three pounds of weights to mimic the bags of weed, setting up Williams to incriminate himself. This was the evidence they needed to cite him and send him to jail.

“[We] put some items in the box that weighed roughly three pounds, resealed the box, and waited for the suspect, Mr. Williams, to come to work to claim that package,” Rick Goodale with GPD told the Charlotte Observer. The GPD posted a photo of what appears to be three pound-sized vacuum-sealed bags that were in the parcel.

When Williams returned to CarMax to report for work on his next shift, he confirmed the package was meant for him. Police officers then placed him under arrest on May 22.

California allows adults 21 and over to possess cannabis, but only 28.5 grams of personal cannabis without a specific license. Also, shipping pot over state lines is always a no-no. Finding cannabis in this amount at someone’s workplace is out of the ordinary.

“Most of the time, it’s going to houses, it’s very unusual to go to a business,” Goodale said.

Police officers with the GPD believe William’s operation has been going on for some time.

Williams is out on bond after posting bail. In North Carolina, 1.5 ounces to 10 lbs of cannabis is considered a felony, with punishments of 3-8 months in jail, and a $1,000 fine, NORML indicates.

CarMax Under Scrutiny

CarMax attempted to distance itself from Williams, saying that he wasn’t directly employed by them—just a contractor. They released a statement last Wednesday, saying, “CarMax was founded on integrity and doing the right thing and we appreciate the quick response from the local police department.”

Hiring contractors can be advantageous when there are fluctuating workloads, but it’s also a way companies can avoid supplying benefits.

While it’s common to find lemons at CarMax, finding pot at a location is something entirely new.

CarMax has been under increased scrutiny due to the massive number of complaints alleging that lemons are being sold at its dealerships, The Lemon Firm reports. The Lemon Firm was founded by one of California’s top lemon law trial attorneys, Michael H. Rosenstein.

In some cases, CarMax patrons said they were not informed that the vehicles they were purchasing had been involved in accidents or had other major damages. Others allege that CarMax misrepresented the current condition of the cars, leading them to believe they were getting a stellar deal. Read what some Reddit users have said about the situation.

The post CarMax Employee Caught Allegedly Shipping Three Pounds of Pot to Work appeared first on High Times.

The post CarMax Employee Caught Allegedly Shipping Three Pounds of Pot to Work appeared first on Paradise Found.

According to a Quest Diagnostics Drug Testing Index Analysis that was published on May 18, post-accident workplace drug testing hit an all-time high in 2022. Last year, 7.3% workforce drug urine samples contained cannabis, in comparison to 6.7% of workers in 2021. Quest Diagnostics states that it has recorded a steady rise in post-accident cannabis positivity since 2012, with a 204.2% increase in workers testing positive for cannabis over the past 10 years. Between 2002-2009, post-accident positive test results had decreased.

Katie Mueller, National Safety Council senior program manager, said in a press release that the rise in legalization corresponds to an increase in workplace accidents. “Intoxicating cannabis products, including marijuana, can have a major impact on safety at work and have been proven to slow reaction time, impact memory and impair skills essential to driving. State legalization of the drug creates new challenges for employers,” said Mueller. “The Quest data provide compelling evidence that increased use of cannabis products by employees can contribute to greater risk for injuries in the workplace. It is imperative employers take the proper steps to create and maintain a policy that addresses cannabis use, build a safety-focused culture and educate the workforce to keep all workers safe on and off the job.”

The report states that cannabis was the main reason that workers’s drug tests have been positive, but other substances such as amphetamines have also contributed to the increase, with cannabis increasing by 10.3% and amphetamines increasing by 15.4%. In 2022, the most common industries that saw a rise in positive workplace drug tests were Accommodation and Food Services (7%), Retail Trade (7.7%), and Finance and Insurance (3.6%).

Keith Ward, Quest Diagnostics General Manager and Vice President for Employer Solutions, 

“Our 2022 Quest Diagnostics analysis shows that the overall U.S. workforce positivity rate continued to be at a historically elevated level in 2022, even as much of the nation’s workforce returned to the office post-pandemic,” said Ward. “This historic rise seems to correspond with sharp increases in positivity for marijuana in both pre-employment and post-accident drug tests, suggesting that changing societal attitudes about marijuana may be impacting workplace behaviors and putting colleagues at risk. The increase in amphetamines positivity is also notable, given the addictive potential and health risks associated with this class of drugs.”

While safety is of the utmost importance in any workplace, the Quest Diagnostic data does not address how cannabis can remain in a person’s system for weeks after consumption, long after the effects have faded. With the rise in cannabis legalization, many industries are becoming more understanding of how cannabis is being commonly used as a relaxation aide, as well as treatment for common conditions like anxiety, depression, and more.

In February 2021, the Biden Administrations announced a new policy that would allow applicants to be hired even if they had previously consumed cannabis. “The White House’s policy will maintain the absolute highest standards for service in government that the President expects from his administration, while acknowledging the reality that state and local marijuana laws have changed significantly across the country in recent years,” the policy stated.

In September 2022, New Jersey regulators issued employment guidance for cannabis rules in the workplace, which “is meant to support employers’ right to create and maintain safe work environments, and to affirm employees’ right to due process.”

Additionally, a Canada-based study from 2020 found no association with cannabis use and increased workplace injuries. It analyzed 136,536 workers, 2,577 of whom experienced a work-related injury within the last 12 months, and only 4% stated that they were cannabis users during that time frame.

The post Positive Cannabis Drug Tests in Workplace at the Highest in 25 years appeared first on High Times.

The post Positive Cannabis Drug Tests in Workplace at the Highest in 25 years appeared first on Paradise Found.

The Washington Senate this week approved a bill that would protect cannabis users from pre-employment job discrimination. The measure, Senate Bill 5123, was passed by the state Senate on Wednesday by a vote of 28-21 and will now be considered by the Washington House of Representatives. 

Under the bill, employers would be barred from refusing to hire a job candidate based solely on the results of pre-employment screening for cannabis use. The legislation does not include protection for other substances, so screenings for other drugs would still be allowed during the hiring process.

“It comes down to discriminating against people who use cannabis,” state Senator Karen Keiser, the lead sponsor of the bill and the chair of the Senate Labor and Commerce Committee, said in a statement cited by online news site The Center Square. “For people using a legal substance, having a pre-employment test like this is just plain unfair, and we should stop it.”

“At a time when the number of unfilled positions is extremely high, we shouldn’t be limiting our workforce by deterring qualified job applicants,” she added. “This legislation opens the door for people who might otherwise not even apply for a position.”

The legislation does not apply to some jobs including positions in the airline and aerospace industries. The measure also does not apply to jobs that require a federal background check or security clearance.

While the bill protects potential employees from drug tests while applying for a job, Keiser noted that the bill does not prevent employers from subjecting their workers to drug screenings for weed during employment. Under the measure, companies will still be allowed to fire employees who test positive for cannabis in order to maintain a drug-free workplace. Employers could also subject employees to a drug test for cannabis use after a workplace accident or if they suspect a worker is impaired by cannabis while on the job.

“If your employer wants to test you every week after you’re hired, they’re still able to do that,” Keiser said. “This is simply opening the front door of getting into a job. Because too many people who see that they have to take a drug test to even apply, don’t even apply.”

Washington Legalized Recreational Pot In 2012

Washington legalized recreational marijuana in 2012 with the passage of Initiative 502, a ballot measure that was supported by nearly 56% of voters. But while the measure protected cannabis users from prosecution, the initiative did not include protections for workers who use weed off the job. 

Nevada became the first state to protect job applicants from pre-employment drug tests for cannabis in 2019. Since then, other states have also passed employment protection measures, including a California bill protecting workers from discrimination based on their use of marijuana while off the clock that was passed last year.

Cannabis advocates who support employment protections note that current drug screenings can only determine the presence of cannabis metabolites, which can remain in the system long after using marijuana. Burl Bryson, executive director of The Cannabis Alliance, told lawmakers at a public hearing last month that potential job candidates can consume cannabis legally “and still test positive … weeks later.”

“If the same approach were applied to alcohol, employers would refuse employment to anyone who enjoyed a beer or a glass of wine on the weekend,” said Bryson. “We all know that this is not a workable standard.”

“It simply doesn’t make sense to base an employment decision on that kind of unreliable outcome and test,” Keiser told her colleagues in the Senate before Wednesday’s vote.

Brian Fitzpatrick, CEO of the cannabis industry compliance platform Qredible, said that there are legitimate reasons for some employers to maintain a drug-free workplace. But he added that “exceptions need to be made, particularly for medical cannabis users, but also for responsible adult users.”

“There are policies that exist that govern not showing up for work intoxicated under the influence of alcohol, and cannabis should be no different,” Fitzpatrick wrote in an email to High Times. “Unlike alcohol, there is research suggesting that cannabis use does not significantly impair job performance, as such, employers should re-evaluate their policies regarding cannabis use to create a more equitable approach to cannabis users.”

The post Washington Senate Passes Bill Banning Hiring Discrimination for Pot Use appeared first on High Times.

The post Washington Senate Passes Bill Banning Hiring Discrimination for Pot Use appeared first on Paradise Found.

Regulators in New Jersey last week issued fresh employment guidance for cannabis use among workers, as the state navigates through a new era of marijuana legalization.

The guidance from the New Jersey Cannabis Regulatory Commission, handed down on Wednesday, was meant as “a first step towards formulating and approving standards for Workplace Impairment Recognition Expert certifications,” the agency said in the announcement.

The commission said that the guidance, coupled with the Reasonable Suspicion Observation Report Form, “is meant to support employers’ right to create and maintain safe work environments, and to affirm employees’ right to due process.”

“The purpose of this guidance is to clarify and explain the NJ-CRC’s understanding of the existing legal requirements under the governing law,” the commission said in the guidance. “This guidance does not impose any additional requirements that are not included in the law and does not establish additional rights for any person or entity. Please note, however, that adverse employment actions may impact employees’ protected rights under various laws including, but not limited to, state and federal anti-discrimination laws. When incorporating this guidance, employers should ensure compliance with all state and federal employment laws.”

Most notably, the guidance affirms certain rights of employers under the new adult-use cannabis law in New Jersey, while also maintaining an employers’ rights to enforce certain workplace policies.

The Cannabis Regulatory Commission said that “employees cannot be acted against solely due to the presence of cannabis in their body, that but [sic] employers have the right to drug test on reasonable suspicion of impairment.”

“Striking a balance between workplace safety and work performance and adult employees’ right to privacy and to consume cannabis during their off hours is possible,” Jeff Brown, the executive director of the New Jersey Cannabis Regulatory Commission, said in a statement on Wednesday. “We have been doing that with alcohol without thought.”

The outlet NJBIZ reports that “an employer cannot use the test alone to take disciplinary action against the employee [and] the employer must combine the results with ‘evidence-based documentation’ of impairment during the employee’s work hours,” and that the “new guidance is intended to be used until the CRC implements WIRE certification standards, which will be used to detect impairment from cannabis or other substances for employees or contractors.”

WIRE, which stands for “Workplace Impairment Recognition Expert standards, are “to be issued to full- or part-time employees, or others contracted to perform services on behalf of an employer, based on education and training in detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents,” the commission said.

“A scientifically reliable objective testing method that indicates the presence of cannabinoid metabolites in the employee’s bodily fluid alone is insufficient to support an adverse employment action,” the commission said in its guidance. “However, such a test combined with evidence-based documentation of physical signs or other evidence of impairment during an employee’s prescribed work hours may be sufficient to support an adverse employment action.”

Legal adult-use cannabis sales in New Jersey officially launched in April following the passage of a ballot measure in 2020 to legalize recreational pot in the state.

In August, the Cannabis Regulatory Commission said that the state generated almost $80 million in the first ten weeks of legal marijuana sales.

“The market is improving. It is performing as we expect with the current number of dispensaries, the spread of locations, and the high prices,” Brown said in a statement at the time. “As more cannabis businesses come online, consumers won’t have to travel as far to make purchases, and prices will fall with increased competition. The market will do even better.”

The post New Jersey Lays Out Guidance For Cannabis Rules in the Workplace appeared first on High Times.

The post New Jersey Lays Out Guidance For Cannabis Rules in the Workplace appeared first on Paradise Found.

The post New Jersey Introduces Workplace Safety Legislation Following Cannabis Legalization appeared first on Paradise Found.

The post New Study Suggests Link Between Cannabis Legalization And Decline In Workers Comp Claims appeared first on Paradise Found.

The post New Data Shows Significant Increase In Failed Workplace Drug Screenings appeared first on Paradise Found.

The post Study Finds Cannabis Use After Work Hours Doesn’t Affect Job Performance appeared first on Paradise Found.