Q: Can an employer drug test for marijuana (THC)?
- Yes. There are currently no restrictions (other than New York City which is expected to
implement restrictions beginning in May 2020) limiting an employer’s ability to drug test
for marijuana (THC), although there may be limitations on permissible disciplinary action that
an employer may take if an employee is using marijuana (THC) in accordance with that state’s
marijuana laws. In general, state medical and recreational use statutes impact only a
very small number of employees in most workplaces.
- Today, more than 97.6% of all non-regulated drug tests performed by Quest (https://www.questdiagnostics.com/home/) include marijuana in their panel. You can always ask what is included on the panel you are about to be tested on to make sure you understand your rights and what your employer is looking for.
- You can call the lab you will be tested at and ask them how many nanograms they are testing for an average drug screen. An average drug screen is typically 50ng/ml, sensitive is 20ng/ml and extra sensitive is 15ng/ml but for example Quest, will have ranges that include average and sensitive levels (https://testdirectory.questdiagnostics.com/test/test-detail/16889/drug-monitoring-marijuana-metabolite-with-confirmation-urine?cc=QTE) so knowing what level you will be tested is key.
- You may feel more confident going into a drug screen knowing if you are more likely to test positive or negative for THC by testing first at home: https://utestdrugtesting.com/
- Military, Department of Defense, Drug testing instruction:
- The military is one of the only jurisdictions in the country that has the ability to criminally prosecute drug cases based only on a urinalysis test or a failed drug test.
- Essentially, Military personnel are subject to the following actions if you test positive on a drug screen.
- first test, much like civilian drug test, parameters are set at 50 ng/ml if a service member does not pass this parameter, then a more concentrated test is run for confirmation. This level is 15 ng/ml. It is only after a confirmed positive drug test that punitive action will be taken on the service member, most likely discharge from the service and even possibly, dishonorable depending on the severity of drug Offense.
- 1010.09 https://www.mcmilitarylaw.com/documents/2_doi_1010.01_military_personnel.pdf
- resource: https://www.mcmilitarylaw.com/court-martial-defense/drug-offenses/
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