Written By ESR News Blog Editor Thomas Ahearn The San Francisco District Attorney’s Office has announced the retroactive application of Proposition 64 – a voter initiative passed in November 2016 legalizing the possession and recreational use of marijuana for adults ages 21 years or older – to misdemeanor and felony convictions dating back to 1975.Continue reading "San Francisco District Attorney Applies Proposition 64 Retroactively to All Marijuana Cases Since 1975"
Written By ESR News Blog Editor Thomas Ahearn On February 1, 2018, portions of IB 2015, c.5, “Question 1 – An Act to Legalize Marijuana” took effect in Maine requiring employers to stop drug testing job applicants for marijuana use and also preventing employers from firing workers 21 years or older for the use of …Continue reading "Maine Law Requires Employers to Stop Drug Testing for Marijuana and Ignore Use Out of Workplace"
Written By ESR News Blog Editor Thomas Ahearn On October 26, 2017, U.S. President Donald Trump officially declared “the opioid crisis a national public health emergency under federal law” and directed executive agencies “to fight the opioid crisis” during a speech at the White House. The growing awareness of an opioid crisis in America by employers …Continue reading "Opioid Crisis in America Will Lead to More Advanced Drug Testing for Opiates by Employers in 2018"
Written By ESR News Blog Editor Thomas Ahearn The U.S. Department of Transportation (DOT) has issued a final rule in the Federal Register that adds four semi-synthetic opioids – hydrocodone, oxycodone, hydromorphone, and oxymorphone – to its drug testing panel for DOT regulated industries, adds methylenedioxyamphetamine (MDA) as an initial test analyte, and removes the testing …Continue reading "DOT Issues Final Rule to Add Semi-Synthetic Opioids to Drug Testing Panel to Combat Opioid Epidemic"
Written By ESR News Blog Editor Thomas Ahearn On October 26, 2017, President Donald Trump officially declared “the opioid crisis a national public health emergency under federal law” and directed “all executive agencies to use every appropriate emergency authority to fight the opioid crisis” during remarks in the East Room of the White House.Continue reading "Drug Testing for Opioids Expected to Increase after President Trump Declares Opioid Crisis a National Public Health Emergency"
Written By ESR News Blog Editor Thomas Ahearn Even with the dramatic rise in the use of opioids – which can include the illegal drug heroin and legally prescribed pain relievers such as OxyContin® and Vicodin® – some employers hoping to avoid hiring opioid-addicted workers through drug testing may not know the best type of drug …Continue reading "Employers Need to Use Proper Drug Testing Panels to Fight Opioid Epidemic in Workplace"
Written By ESR News Blog Editor Thomas Ahearn On May 26, 2017, the Texas Supreme Court delivered an opinion rejecting a claim of “compelled self-defamation” and declining to “recognize a theory of compelled self-defamation in Texas” in a case where a worker who failed a random drug test filed a lawsuit claiming defamation since he would …Continue reading "Texas Supreme Court Rejects Claim of Compelled Self-Defamation Over Failed Drug Test"
Written By ESR News Blog Editor Thomas Ahearn On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that employers cannot fire employees with prescriptions for medical marijuana – the use of which voters in the state approved in 2012 – simply for flunking drug tests and even though marijuana is still illegal to use under …Continue reading "Massachusetts Court Rules Employers Cannot Fire Employees Using Medical Marijuana for Positive Drug Tests"
Written By ESR News Blog Editor Thomas Ahearn With twenty-eight states and the District of Columbia legalizing medical marijuana, U.S. employers performing drug testing face a “conundrum” and are questioning whether they should “stop testing applicants for marijuana use now that more states have legalized it for medicinal or recreational purposes and popular acceptance of …Continue reading "Some Employers Questioning Whether to Stop Drug Testing Job Applicants for Marijuana Use"
Written By ESR News Blog Editor Thomas Ahearn As of November 2016, a total of 28 U.S. states, the District of Columbia, Guam, and Puerto Rico allow for comprehensive public medical marijuana and cannabis programs, according to the National Conference of State Legislatures (NCLS) website. Some states have also passed laws allowing for the …Continue reading "Drug Testing in Workplace Will Have to Deal with Growth of State Laws Allowing Use of Marijuana"