Legislation legalizing recreational marijuana use that passed in two states on Election Day November 6, 2012 – Colorado Amendment 64 and Washington Initiative 502 – would legalize and regulate production, possession, and distribution of marijuana for persons age 21 and older and could affect drug testing by employers in the workplace, according to the eNewsletter State Drug Testing Laws Monthly. To stay current on state laws concerning drug testing, visit http://www.statedrugtestinglaws.com/. In Colorado, voters approved Amendment 64 that supports the legalization of marijuana on a recreational basis and will amend the state constitution to legalize and regulate the production, possession, and distribution of marijuana for persons age 21 and older. Article XVIII of the constitution of the state of Colorado would be amended by the addition of a new section: ‘Personal Use and Regulation of Marijuana.’ Regarding the workplace, Section 16(6)(a) states:
- “Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing or marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.”
- Concerning the workplace, State Drug Testing Laws Monthly reports Initiative 502 does not address if the decriminalization of recreational marijuana use requires workplace accommodation but does say the Washington State Institute for Public Policy must create reports on the effects of marijuana that must specifically include the effects on the workplace.
- Marijuana (THC).
- Phencyclidine (PCP).
- Opiates such as codeine, heroin, and morphine.
- Amphetamines, including methamphetamine.