New York City Ban on Marijuana Drug Testing by Employers Takes Effect in May 2020

Written By ESR News Blog Editor Thomas Ahearn On April 9, 2019, the New York City Council passed a proposed bill – Introduction No. 1445-A – that prohibited New York City employers from requiring job applicants to submit to drug testing for the presence of tetrahydrocannabinol (THC), the active ingredient in marijuana, as a condition …

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New Jersey Court Rules Medical Marijuana Users May be Protected Under State Law Against Discrimination

Written By ESR News Blog Editor Thomas Ahearn On March 27, 2019, a New Jersey appellate court ruled in a lawsuit between a funeral home and a former employee diagnosed with cancer that employers cannot automatically fire medical marijuana users for failing a drug test since they may be protected under the state’s Law Against …

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U.S. Workforce Drug Testing Positivity Rate Highest Since 2004

Written By ESR News Blog Editor Thomas Ahearn The drug testing positivity rate for the U.S. workforce hit a fourteen-year high in 2018, increasing nearly five percent in urine drug tests – 4.4 percent in 2018 versus 4.2 percent in 2017 – and climbing to the highest level since the 4.5 percent attained in 2004, …

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What U.S. City Has Highest Marijuana Positivity Rate in Drug Tests? The Answer Will Surprise You.

Written By ESR News Blog Editor Thomas Ahearn States with the highest marijuana positivity rates in employment drug tests do not necessarily contain the cities with the highest marijuana positivity rates, and a city where marijuana is not even legalized for medical or recreational use surprisingly led all cities in marijuana positivity rates, according to data …

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Delaware Court Confirms State Medical Marijuana Law Not Preempted by Federal Law

Written By ESR News Blog Editor Thomas Ahearn On December 17, 2018, a Delaware state court in the case of Chance v. Kraft Heinz Foods Company upheld an employment claim brought by medical marijuana user and confirmed that the federal Controlled Substances Act (CSA) does not preempt the Delaware Medical Marijuana Act (DMMA).

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Oklahoma Voters Approve Initiative to Legalize Use of Medical Marijuana

Written By ESR News Blog Editor Thomas Ahearn On June 26, 2018, voters in Oklahoma approved an initiative – State Question 788 (SQ 788) – that will legalize the use of medical marijuana. Oklahoma is now one of 30 states that permit medical marijuana usage in America. However, the use of marijuana for any purpose …

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Analysis of Workforce Drug Testing Results Finds Positivity Rate at Highest Level in a Decade

Written By ESR News Blog Editor Thomas Ahearn Drug use by the U.S. workforce remained at its highest level in more than a decade as the positivity rate for drug tests was 4.2 percent in 2017, the same as in 2016 and the highest since 2004, according to analysis of more than 10 million drug …

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Caesars Entertainment Will Stop Drug Testing Job Applicants for Marijuana Use

Written By ESR News Blog Editor Thomas Ahearn Caesars Entertainment Corp. will stop drug testing job applicants for marijuana use as a condition of employment since the state of Nevada has legalized the recreational use of marijuana and screening for that drug would be “counterproductive,” according to a story from the Las Vegas Review-Journal.

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San Francisco District Attorney Applies Proposition 64 Retroactively to All Marijuana Cases Since 1975

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.

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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 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 …

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