ConsultStu

How will your drug testing lab handle medical marijuana results?

Now that medical marijuana is legal in Florida, there is a good chance that your company will have an applicant or employee test positive for marijuana, and then present proof that they have a valid registration with the Office of Medical Marijuana. Is that drug test reported as positive or negative by your testing lab? I was curious, so I contacted our Medical Review Officer (MRO) and third-party testing company to find out their protocol. Here is what we learned.

Although marijuana is legal for qualified Floridians, marijuana is still illegal under federal law. As a result, our testing lab will continue to process a positive marijuana drug test as a “Fail” for a positive finding. However, our drug testing vendor stated that the MRO has the ability to collect and notate information about any medical prescription (or the marijuana registry). The results collectively will go to the company and each employer can make their own decision on how to navigate the state/federal discrepancy.

As we watch and wait for the issue of state-approved medical marijuana to play out in future court challenges, check with your drug testing lab today to see how your lab will handle this special situation. Florida Statute 381.986 has thus far supported the right of employers to treat a positive marijuana test as a violation of your drug-free workplace. Employers are not required to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana, nor do the new laws “create a cause of action against an employer for wrongful discharge or discrimination.” Click here to read the entire statute and continue to follow our ConsultStu blog page for any updates.

HR Categories

1095C form 300 Log 401(k)8(a)(1)Accommodation Affordable Care Act Americans with Disabilities Act Arbitration ARPA Audits Background screening Bilingual Bonuses Business Expenses Cannabidiol (CBD)CDC CDL CFPB charity Child labor CHIP Notice Christmas party Clearinghouse COBRA Commercial Motor Vehicle Driver Company Culture Company Property Compensation Compliance Concerted Activity CONNECT Construction consultstu Consultstu Team Contagious disease Coronavirus Craft Beer Department of Labor Direct Threat Disabilities Discrimination DOT Downsizing and Restructuring Dress Code Drivers Drug and Alcohol Drug Free Workplace E-Verify EEO-1 Form EEOC Employee benefits Employee Handbook Employee Illness Employee Injury Employee Misconduct Employee Policies Employee Recognition Employee Referral Employee Rights Employment Poster ERISA Essential functions Executive Order Exempt Employee Exit Interview Fair Credit Reporting Act Fair Labor Standards Act Fall Protection Federal Contractors FFCRA Financial Well-being Firearm Fitness for Duty Florida rules Fluency FMCSA FMLA Form 5500 Form W-4 Fractional HR FTC Gender Non-conformity General HR Questions Goal Setting GPS Group Health Insurance Harassment Hiring Holidays HR Compliance HR Costs HR Resources HR software HSA Human Resources Human Trafficking I9 Form Immigration Independent Contractor Individualized Assessment Injury Statistics Insurance Interviews Investigations IRS ITA Job Description Job Post Joint Employer K1 Leave of Absence Leaving a PEO Management Manager Medical Exams Medical Marijuana mental health Military Appreciation Minimum Wage Morale National Origin New Hire NLRB No-match letter Non-complete Agreements Onboarding Opioids OPT OSHA Outplacement Overtime Paid Leave Pay Cards Pay or Play Paycheck Protection Program Payroll Payroll Protection Program Performance Improvement Plan Performance Review Personnel File Post offer medical questionnaire Posters Pregnancy Publix Immigration Certification Reasonable Accomodation Recall Letter Record Keeping Recruiting Religion Remote employees Restaurants Resume Retaliation Retention Retirement Rewards Risk Management Safety Salaried employees SBA Section 7 Rights Self Appraisal Sick Leave SMART goals Social Media Social Security card Start up Taxes Temporary Employee Termination Tipped Employees Title VII TPD Benefits Training Unemployment Uniforms USCIS Vaccines Volunteer W2 W4 Wage and Hour Wellness program Work from Home Workers Compensation Workplace Monitoring Workplace Violence Wrap Plans

Show All Categories

Show Less Categories