Tag Archives: drug testing

Maine becomes first state to protect marijuana use outside of work

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Author

Valerie Bolden-Barrett

Published

Feb. 1, 2018

Dive Brief:
  • Beginning today, employers in Maine are prohibited from discriminating against employees based on their marijuana or marijuana byproduct use outside of work, attorneys at Littler Mendelson report. Maine’s Labor Department also removed the drug from the list of substances for which employers may test applicants.
  • The law prohibits employers from disciplining or refusing to hire workers age 21 or older based on their off-site marijuana use. Employers are still free to prohibit its use and possession in the workplace and can discipline employees who are under the influence of marijuana in the workplace. According to Littler, a spokesperson for the state labor department says that a positive test result won’t be enough to prove that an employee was under the influence.
  • Littler says Maine’s law doesn’t affect compliance with federally mandated testing for marijuana, like that required by U.S. Department of Transportation regulations.
Dive Insight:

Some other states, like California, have legalized recreational marijuana use, but until now, none prevented employers from enforcing anti-drug policies or refusing to hire candidates who test positive for the drug. With the recent influx of employee-friendly state and local laws, however, employers may see other states and cities adopt laws similar to Maine’s.

And while the Maine law’s provisions certainly raise some compliance and enforcement questions, employers remain free to prohibit drug use at work. HR managers at affected employers, however, may want to update their organization’s handbook or other drug policies to reflect the changes.

Recommended Reading:

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The legacy of Manfred Donike

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For all of his hard work attending school and graduating as a German Chemist, while participating in the Tour de France in the 60’s, Manfred Donike was most widely known as an “doping expert” and is credited with the first accurate urine testing procedures.

He was Director for the Institute for Biochemistry at the German Sports University Cologne and head of drug testing operations at the 1972 Munich Olympics.

Manfred Donike, at 61 years old, suffered a major heart attack and died in flight to Johannesburg to set up a drug testing lab for the All-African Games in August of 1995. 

There is a Manfred Donike Institute, and a Manfred Donike Workshop which is closed to the public.  There is also a Manfred Donike Award !

At the time of his death, Dr. Don Catlin, head of the Paul Ziffrin Analytical Laboratory at UCLA stated:

“He devised all the chemical methods of identifying prohibited substances.  This is a staggering blow (to the anti-doping movement), but we will recover…”LINK

The first thing I saw on google January 3rd,  while browsing the news was an article at the Daily Beast written by Christopher Moraff.

Jeff Sessions’ Marijuana Adviser Wants Doctors to Drug-Test Everyone

I had to look two or three times with my glasses on just to make sure of what I was seeing.  I checked to see if it was a spoof – and it is not – as it is being reported by a number of news sites.

I immediately thought to myself, “I wonder if Manfred Donike knew what would happen when he came up with the procedure for drug-testing?”  Did he have any idea that this testing would be used to imprison people throughout the World?  Did he know how many Children would be separated from their Parents for nominal use of any substance that the Government saw fit to deem illicit?  Did he know how many people would go to jail or prison or possibly a mental health facility for smoking Marijuana?

Then, on January 4th we wake up to this news!

Sessions to rescind Obama-era rules on non-interference with states where pot is legal

Manfred Donike was appointed director of the Institute of Biochemistry at the German Sport University in Cologne in 1977, he is THE man who was responsible for the development of drug testing which is still used today.

Single handedly he is responsible for more people being imprisoned or confined in facilities for drug use than any other person on Earth.   Whether or not he realized at the time what would happen we will probably never know.   Continuing long after his death the long arm of drug testing has nestled into every Country on the face of the planet and threatens to control all of Society at large for a long time to come… 

His lab work also led to the massive drug bust at the 1983 Pan American Games  LINK

Dr. Robert Dupont formerly of NIDA, Kevin Sabet of Smart Approaches to Marijuana (SAM), and several other notable anti-legalization Activists joined Mr. Sessions in a meeting to discuss the situation regarding the many States who have “legalized” Marijuana in December. 

“I think it’s a big issue for America, for the country, and I’m of the general view that this is not a healthy substance,”  USAG Jeff Sessions  LINK       VIDEO LINK

As the meeting was closed-door there was no initial reports except to the fact that it did take place.  Mr. Sessions said this about the meeting…

We’re working on that very hard right now,” he said on Wednesday. “We had meetings yesterday and talked about it at some length. It’s my view that the use of marijuana is detrimental and we should not give encouragement in any way to it. And it represents a federal violation which is in the law and is subject to being enforced, and our priorities will have to be focused on all the things and challenges that we face.”(USAG Sessions) LINK

As of this morning, we know what he decided to do!  The “COLE MEMO” will be rescinded.

(CNN)In a seismic shift, Attorney General Jeff Sessions will announce Thursday that he is rescinding a trio of memos from the Obama administration that adopted a policy of non-interference with marijuana-friendly state laws, according to a source with knowledge of the decision. LINK

If anyone thinks that it is not feasible for the Federal Government to drug-test everyone, they would be wrong.  The health-care system is set up as a monitoring system.  At some point everyone will have to see a doctor for illness. 

A national model bill Dr. DuPont wrote in 2010 called for testing  anyone stopped for suspicion of DUI for all controlled substances, and arresting them if any trace amount at all is detected.

“Doctors already check for things like cholesterol and blood sugar, why not test for illicit drugs.”

— Dr. Robert DuPont

Ultimately, it will all lead you back to Agenda 21/30.  The total control of the people through the food and medicine (and plants) you consume.  Add to that drug testing at your local PCP and the NWO has us rounded up pretty well.

The principle of fair play forbids saying someone is guilty without evidence.”

Therefore, we MUST have evidence.  And what better way to have the evidence at hand than to routinely urine test every citizen  as part of our healthcare, as a way to keep us free from addiction?  Not to mention the fact that it is all conveniently entered into a computerized health care system for easy access by any Federal entity that is deemed appropriate at the time.  Sounds like a great plan to me…(!!) if I were interested in maintaining total control over the population and keeping the prison industrial complex flowing…

Additionally, there was an article written by R. William Davis, entitled “Shadow of the Swastika – The Elkhorn Manifesto” which outlines the historical avenues which were taken to get us where we are at today.  Today, on the anniversary of Gatewood Galbraith’s death I invite you to take a look at it.  It is a very interesting and informative read.

After the morning news today there isn’t much more to be said about what is happening unless they literally declare martial law across the Nation just to control the potheads.

I can’t wait for the new “memo” to come out!

I’ll keep you informed…

RELATED:

“Rights and freedoms may in no case be exercised contrary to purposes and principles of the United Nations.” HOW THE UNITED NATIONS IS STEALING OUR “UNALIENABLE RIGHTS” TO GROW FOOD AND MEDICINE THROUGH THE U.N. CONVENTION ON NARCOTIC DRUGS AND AGENDA 21.

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https://www.thedailybeast.com/jeff-sessions-marijuana-adviser-wants-doctors-to-drug-test-everyone

https://www.youtube.com/watch?v=txukr5zgHnw

https://www.c-span.org/video/?438309-1/attorney-general-sessions-makes-remarks-drug-policy

https://www.cbsnews.com/news/flo-jo-passed-all-drug-tests/

https://www.marijuanamoment.net/jeff-sessions-just-met-anti-marijuana-activists/

https://www.marijuanamoment.net/trump-administration-considering-marijuana-policy-changes-sessions-says/

https://fis.dshs-koeln.de/portal/en/organisations/manfreddonikeinstitut(370032ec-cc3e-4785-b263-4c184c4f91f8).html

https://www.agilent.com/en/manfred-donike-award

https://www.ncbi.nlm.nih.gov/pubmed/27732762

http://mdi-workshop.com/login.php

http://articles.chicagotribune.com/1995-08-22/news/9508220085_1_doping-chinese-athletes-drug-testing

https://en.wikipedia.org/wiki/Munich_massacre

https://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf

https://kentuckymarijuanaparty.com/in-remembrance-of/gatewood/

https://kentuckymarijuanaparty.com/2015/10/26/rights-and-freedoms-may-in-no-case-be-exercised-contrary-to-purposes-and-principles-of-the-united-nations-how-the-united-nations-is-stealing-our-unalienable-rights-to-grow/

Wisconsin’s Governor wants to disqualify weed smokers from welfare

  • Steve Elliott
  • Comments302
  • 15 December, 2017
  • Wisconsins Gov. Scott Walker Wants To Drug Test People On Welfare 2 of 3 800x400 Wisconsins Governor wants to disqualify weed smokers from welfare

    ABOVE:  NEW YORK, NY – DECEMBER 11: A Harlem resident chooses free groceries at the Food Bank For New York City on December 11, 2013 in New York City. The food bank distributes dry, canned and fresh food to needy residents and works with community based member programs to provide some 400,000 free meals per day throughout the city. Need increased in November when 47 million low-income people nationwide saw their food stamps cut as the federal SNAP program expired. (Photo by John Moore/Getty Images)

    Wisconsin Governor Scott Walker believes that poor people who receive public assistance should have to undergo drug testing, and he’s taking steps to make sure that happens.

    Walker last week charged ahead with a plan to require drug testing for some recipients of Wisconsin’s food stamps program, formally referred to as the Supplemental Nutrition Assistance Program (SNAP), reports The Atlantic. The plan would make Wisconsin the first state in the union to drug test for food stamps, other states that have tried the move have been blocked by the feds.

    That comes on top of another plan to test Medicaid enrollees in Wisconsin. Oh, and don’t forget a law already on the books: That one requires drug testing for non-custodial parents getting funds Temporary Assistance for Needy Families.

    If Gov. Walker’s proposals pass federal scrutiny, all three of the major welfare programs in Wisconsin will involve drug-testing the recipients. Walker’s move to “overhaul welfare” over the past three years has already included some such “reforms.”

    The proposed change to SNAP would affect those who take part in its Employment and Training Program (ETP). Healthy, childless adults already have to meet work requirements to qualify for food stamps through ETP.

    Under Gov. Scott’s proposed new rules, those who test positive would be required to undergo drug treatment, or lose their benefits. The state would pay for “drug rehab” for pot smokers who couldn’t afford to pay for it themselves.

    While alcohol, amphetamines, cocaine, and barbiturates all clear out of a person’s urine after four days or so, marijuana can linger for 30 days or more. That means any drug testing, by definition, tends to catch more cannabis smokers than any other category of substance user.

    Arizona has published figures showing a net savings of just $3,500 for 26 individuals who either tested positive or failed to show up for their drug test appointment. That’s an overall saving of just $135 per person.

    According to state data, the seven states with existing programs— Arizona, Kansas, Mississippi, Missouri, Oklahoma, Tennessee, and Utah— are spending hundreds of thousands of dollars to detect very few drug users. The statistics show that welfare applicants actually test positive at a lower rate for drug use than does the general population.

    Meanwhile, the states have collectively spent almost $1 million on the effort, with millions more slated to be spent in years to come.

    Under the Obama Administration, Gov. Walker’s requests to add drug testing in the SNAP program were denied or delayed by the Agriculture Department because they were seen as an additional barrier to eligibility— one that Wisconsin wasn’t entitled to impose.

    While the state denied that, the argument had already been used successfully. The Centers for Medicare and Medicaid Services has also denied requests for waivers from states which wanted to impose drug testing for Medicaid.

    Early on, Centers for Medicare and Medicaid Services Administrator Seems Verma signaled the agency would now accept work requirements in Medicaid waivers, like the one being considered in Wisconsin. Verma also announced in November that CMS “will approve proposals that promote community-engagement activities,” typically including work, community service, and job training.

    According to Kaiser Health News, healthcare experts expect this move heralds the agency’s support for further conservative reforms impacting aid eligibility such as drug testing. Advocates are concerned the changes are just a way for states to kick millions of poor people off welfare programs, and undermine their mission of providing food assistance and health coverage to the poor.

    PLEASE CONTINUE READING…

    The Children Left Behind…

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    I hope someone is listening!

    It has  been a month now since my daughter was killed in a one car accident on I65 outside of Nashville, TN, on her way home to her children.  She had been out of town for a few days with her fiancé attending his Sons’ Graduation from Military School.They had driven for ten hours and it was about 4 a.m. when it happened.  It is an old story, and it happens everyday to someone’s child.  I am not special and so on that fateful day I lost my baby girl.  I won’t bore you with the details.  That story is posted HERE.

    My Daughter had serious depression and anxiety problems and was never able to get the right doctor to treat her illness…moreover, she was tired of trying to.  She had been self medicating for years with street drugs.  The problem was that the drugs that she ended up using only exasperated the problem.  It was not feasible that her drug use would help the problem…it only made it worse.What started as a “pain pill” problem after being prescribed opiates by a doctor for chronic pain, which she indeed had, ended up being a cocaine, meth and possibly a heroin addiction for which she then decided to self medicate with  buprenorphine which she also obtained “off the street”. 

    I begged her a number of times to get help but there was no real help.  She refused to use Cannabis because of drug testing – first she was scared of CPS drug testing, then she needed to test clean for a job (which she could never hold onto).  She was scared of losing her children because of a positive THC test.  The “other stuff” you can get out of your system quicker, she had told me.  Well, that’s just fucking great.  Now she is dead.

    Her medical history is about as difficult as mine is.  It suffices to say that chronic debilitating pain especially when you throw that on top of a mental illness such as we have, Chronic Major Depression and chronic anxiety, that is enough to cause you to look anywhere for some kind of relief.  It is only human nature that if you are in pain, mental or physical,  to try and find some way to get out of it!  In this World you do not have time to sit down and be ill or in pain.  There are bills to pay and kids to feed and nobody cares if you are sick. We are slaves to the system.

    I had begged her to come home a number of times.  But at 34 years old I suppose that she needed her own space.  She worked hard at anything she could do to make a little money to keep going.  The drugs kept her going physically, until they took her down.  And when it finally did take her down that last time as she was driving down I65, she left behind three Son’s and a family who loved her so much words can do no justice.

    The buprenorphine was the beginning of the end for her.  I watched while she slowly disintegrated….and that was what it was like…watching something disintegrate before your eyes and not being able to stop it.  Because she was so good at hiding what she was doing, I never really knew what drugs she was on at what time, with the exception of the Buprenorphine which she told me about.. The past few years the boys had been with me a lot of the time.  She just could not handle the stress of “trying to find money to live on” and taking care of kids at the same time.  She was totally dysfunctional.  Totally depressed and anxietized.  The only thing I could think of was to get her off the drugs which was impossible to do especially when she wouldn’t use Cannabis. 

    She was scared.  She also had some idea that she was going to die young.  The past 6-8 months she spent getting all her paperwork in order and labeled accordingly so that when the time came we could find what we needed.  God Bless Her.I’ve never seen so much OCD in organization before.  She had spent hours labeling folders and had everything neatly packed in boxes.  Everything since 1999 when she lost her first child as a stillborn – back before she EVER thought about using any kind of drugs.  She was completely drug free for the pregnancy and  births of all of her children.

    She got caught up in the drug war.  And it ended up killing her.If she had used Cannabis instead of all of the other drugs she did, she may very well be alive today. She fell asleep while driving and went off the road – while taking buprenorphine – because she was afraid to use Cannabis.

    Drug testing is the single most deadly weapon used by Government and law enforcement to trap people.  It is the cause of many death’s via drug use, which it was intended to prevent.  “Spice” is a good example of this as many people have died from using it because it was a Cannabis “substitute” and it normally does not show up on drug testing.  It is called “probation weed” down here in Kentucky.

    Drug testing only invades our privacy and sets us up for failure.  Drug testing does not prevent nor treat drug abuse.  Drug testing is just another way to to seize money via commerce.  Just think of all of the money that is involved in drug testing. Manfred Donike would be proud – I suppose.

    The regulation and legalities surrounding the use of drugs and plants have been the trap that has incarcerated so many innocent people, ruined so many people’s lives and is responsible for many, many death’s in this war.  It IS a war.

    Legalize, Tax and Regulate Cannabis is not an option if you want to regain your freedom.  It is just another avenue for the Government to grow their control over the people.  A way to give some of us what we want while still maintaining their “complexes” of control via the Controlled Substance Act, These controls keep the medical/pharmaceutical industrial complex, the military/police force industrial complex, the agricultural industrial complex, the private prison industry, the “child protection” industry and more running at high speed, and commerce and taxation flows appropriately, under Government control, to keep it going in the right direction to feed the very industries that control our every move – including the use of Cannabis both medically and recreationally. 

    If you think that the prison population was high (no pun intended) before “legalization”, just wait until it is “legalized, taxed and regulated”. 

    The only way to lift this burden is to REPEAL all statutes, regulations and control of the personal use of plants…period, from the United Nation’s Treaties and Agenda 21/30, on down through each Country’s own Constitution.  The only “drugs” which need regulation are those which are created by the pharmaceutical industry itself.  This would include Cannabis based medicines when they are created and sold by pharmaceutical industries or in dispensaries.  The plants in your yard for your own personal use should never be subjected to any kind of “legislation”.

    It suffices to say that in this war a lot of us, including myself, will be raising our Grandchildren.  And a lot of us are unable to do so, which leaves many children to the claws of the Government.  My daughter was a good Mother – just ask her children.  They are the ones that have lost the most – their Mother.  She loved her boys to no end. She did the best that she could do.  It is up to us to continue on and try to rectify the evil that she succumb to.

    https://www.minds.com/blog/view/735675763440754701

    https://thinkprogress.org/states-spend-millions-to-drug-test-the-poor-turn-up-few-positive-results-81f826a4afb7

    https://en.wikipedia.org/wiki/Manfred_Donike

    http://web.archive.org/web/20041208084352/kentucky.usmjparty.com/policy_elkhorn.htm

    https://www.thenewamerican.com/tech/environment/item/22267-un-agenda-2030-a-recipe-for-global-socialism

    Nevada’s new DUI marijuana testing is improvement but still poses concerns

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    Ray Hagar, rhagar@rgj.com

    The state of Nevada is poised to mandate the use blood tests and eliminate urine tests in DUI convictions for marijuana.

    Although Washoe County already uses blood tests for pot, the state Senate this week gave the final vote of approval for the testing change for the entire state. Now, this measure only needs the final ‘John Hancock’ from Gov. Brian Sandoval to become law.

    The final Senate vote floor vote comes less than two months before the July 1 starting date for sales of legal marijuana for “recreation” across Nevada for everyone 21 and over.

    The blood-test/pot bill’s sponsor, Assembly Judiciary Committee Chair Steve Yeager, D-Las Vegas, sold the bill to fellow lawmakers as a “common sense” approach to DUI testing for pot. Current urine testing for pot is not reliable because it does not test for the psychoactive element that gets you high — THC, he said.

    “A urine test will tell you if someone has ingested marijuana in the past,” Yeager said on Nevada Newsmakers. “But it does not tell you if the person is actually impaired at the time the testing is done.”

    Blood tests can reveal THC in the blood, Yeager said. He called it “a step in the right direction.”

    Yet this is not a perfect science. Determining marijuana impairment is more complicated than determining alcohol impairment, according to a study by the AAA, the nation’s largest auto club.

    Yeager’s bill may be an improvement over the old method but it is still not a great way to test for marijuana intoxication, according to the AAA.

    That study states it is not possible to set a blood-test threshold for THC impairment because there is no science that shows at what level drivers become high after ingesting THC, according to a CBS News story about the AAA report.

    Some drivers with high levels of THC in their blood may not be impaired, especially if they are heavy pot users, the study stated. Others, who may not use marijuana often, could have relatively low levels of THC in their blood and be impaired for driving, according to the study.

    In Nevada, however, almost any amount of THC in the blood will get you into trouble. The legal limit is 2 nanograms of active THC in the blood, which Yeager said is a very low limit.

    “I’ll just say, our levels and laws are very, very low. So it is virtually impossible to test positive on a blood test and not be over the allowed limits under the (Nevada) statute,” Yeager said.

    Nevada is about to embark on society-changing era where marijuana is legal. The AAA study, however is concerning. It suggests consuming this herb can make you a victim of a legal system that has no universally-accepted and accurate way of testing for DUI marijuana.

    Perhaps Yeager’s bill will give Nevada a law based on the best technology available. It appears better than the current system.

    Yet science marches on.

    Yeager believes that the question of testing for marijuana DUI may need adjustments in the near future. It is a subject that the Legislature may need to revisit when better technology and testing methods become available, since this legal recreational pot business is projected to be popular and profitable in Nevada.

    “I think everyone is open-mined about it,” Yeager said about marijuana DUI testing. “It (possible new state law) is a small step forward. But I think it is significant in that it gets us moving in the right direction. Hopefully, we’ll have some studies in the near future so we can continue to tweak these laws.”

    CONTINUE READING…

    NORML Forms Multi-State Workplace Drug Testing Coalition

    by Kevin Mahmalji, NORML Outreach Coordinator February 14, 2017

    The fact that 190 million Americans now live in states where marijuana has been legalized to some degree is raising a number of questions and issues about how to integrate the American workforce and marijuana consumers rights in regards to drug testing. With medical marijuana is legal in 29 states and recreational marijuana for adult use in 8 states and Washington DC, millions of responsible and otherwise law-abiding adults remain at risk of being excluded from the workforce due to a positive drug test — even where the use does not affect an individual’s job performance or has taken place days or weeks prior to the test.

    NORML believes that this practice is discriminatory and defies common sense. As a result, a growing coalition of NORML Chapters in California, Oregon, Colorado and Washington have come together to advocate for necessary legislative and workplace reforms to protect responsible marijuana consumers.

    NORML’s Workplace Drug Testing Coalition’s efforts will focus on these four areas:

    1. Reform workplace drug testing policies
    2. Expand employment opportunities for marijuana consumers
    3. Clarify the difference between detection technology and performance testing
    4. Highlight off-duty state law legal protections for employees

    “Even though marijuana is legal and readily available in several states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML. “That is why many NORML chapters active in legal states are now shifting their attention to protecting honest, hardworking marijuana consumers from these sort of antiquated, discriminatory workplace drug-testing practices, in particular the use of random suspicionless urine testing.”

    Employer testing of applicants or employees for trace metabolites (inert waste-products) of past use of a legal substance makes no sense in the 21st century.  This activity is particularly discriminatory in the case of marijuana where such metabolites may be detectable for weeks or even months after the consumer has ceased use.

    With the 2017 Legislative Session underway, this issue is finally getting the attention it deserves. Legislation has already been introduced in Oregon and Washington, and is gaining traction in those states.

    “Random suspicionless drug testing of applicants or employees for past marijuana use is not just unfair and discriminatory, it’s bad for business,” said attorney Judd Golden of Boulder, Colorado, a long-time NORML activist and Coalition spokesperson. The modern workforce includes countless qualified people like Brandon Coats of Colorado, a paraplegic medical marijuana patient who never was impaired on the job and had an unblemished work record. Brandon was fired from a Fortune 500 company after a random drug test, and lost his case in the Colorado Supreme Court in 2015. The Court unfortunately found Colorado’s lawful off-duty activities law that protects employees for legal activities on their own time didn’t apply to marijuana use.

    California NORML is also expecting legislation to be introduced this session to address this issue. Ellen Komp, deputy director of California NORML said, “One of the most frequently asked questions we have been getting since Prop. 64 passed legalizing adult marijuana use in California last November is, ‘Am I now protected against drug testing on my job?’ Sadly in our state, not even medical marijuana patients are protected against job discrimination, and it’s a priority of Cal NORML to change that. We are hoping to get a bill introduced at the state level and are working with legislators, unions, and other reform groups to make that happen.”

    NORML Chapters across the country are advocating on behalf of the rights of responsible marijuana consumers against discrimination in the workplace. “Our coalition was formed with the intention of not only educating legislators, but also with businesses in mind.  It is important they know testing for marijuana is not mandatory, and that employers have testing options,” said Jordan Person, executive director for Denver NORML. The Denver chapter is currently working with companies that offer performance impairment testing of workers suspected of on-the-job impairment or use rather than unreliable bodily fluid testing to help provide options for employers.

    thumbs_up

    For decades drug testing companies and others have pushed their agenda through a campaign of misinformation. Until now there has never been an organized effort to challenge the profit- driven ideology of those who seek to benefit from intrusive drug screening. Mounting evidence continues to prove there is no logical reason why adult marijuana consumers should be treated with any less respect, restricted more severely, and denied the same privileges we extend to responsible adults who enjoy a casual cocktail after a long day at the office.

    For legal questions, please contact Coalition spokesperson Judd Golden at juddgolden@outlook.com. For other marijuana related questions or an interview, please contact Kevin Mahmalji at kevinm@norml.org.

    CONTINUE READING…

    (OR) Senate Bill 301 may make marijuana drug tests illegal in the workplace

    by Kimberly Kolliner

    Monday, January 30th 2017

    MEDFORD, Ore. – Regardless of if it’s legal in the state, right now, failing a marijuana drug test could cost you your job.

    “For us, marijuana is still classified federally as a schedule 1 controlled substance so we do include it in our drug screening,” People’s Bank Chief Operating Officer, Jeri Reno.

    However, this may change.

    The Oregon Senate has introduced Bill 301, which proposes marijuana testing in the work place to be illegal, because its use in the state is legal.

    This is something that Reno sees no immediate threat with.

    “I think that’s going to be a wave of the future in that just like alcohol, marijuana is going to be used recreational and it would be honored as such. I think we’ll just see what it brings,” Reno said.

    As an employer, Reno says work performance is the only thing she would be concerned with.

    Something the bill also clearly outlines.

    “We essentially are looking for employees who are productive and without possibility of being impaired in the workplace,” Reno said.

    She believes if marijuana is used on employees off time, it should have no burden on employees while they’re on the clock.

    “I would think our employees would continue to be responsible in the way they use marijuana or alcohol and I wouldn’t see much difference in the workplace,” Reno said.

    CONTINUE READING..

    Legal Marijuana Poses New Problems For Employee Drug Testing

    Pot is legal in some form in 28 states, but it remains illegal under federal law

    By

    Rachel Emma Silverman

    Nov. 22, 2016 11:00 a.m. ET

    21 COMMENTS

    A raft of new state marijuana legalization laws presents employers with hazy challenges when it comes to workplace drug testing.

    Companies that wish to maintain drug-free workplaces face a confusing patchwork of state and federal laws, and it is a gray area in some states whether employers can fire or discipline workers for pot use, say employment lawyers.

    In California, where medical marijuana is already legal, voters approved recreational pot on Election Day. Maine, Massachusetts and Nevada passed similar measures, while Arkansas, Florida, Montana and North Dakota legalized or expanded medical marijuana measures. These new laws make pot legal in some form in more than half the country—28 states. Meanwhile, it remains illegal under federal law.

     

    The legal, recreational use of marijuana passed in four states on Tuesday with another three states passed it for medicinal use. Lance Rogers, manager of the cannabis law practice for law firm Greenspoon Marder, explains how Tuesday’s votes could influence efforts to legalize pot in other states. Photo: Getty

    In states like Massachusetts and California, where recreational and medicinal pot use is now legal, employers should tread carefully when testing workers for pot under drug-free workplace policies, says Amanda Baer, an attorney at the Mirick O’Connell law firm in Worcester, Mass. Firing or disciplining a worker for a positive drug test could open firms to legal challenges from employees, she says.

    “No company wants to be the test case,” she says. “If workers are not in a safety-sensitive position, they probably shouldn’t be tested.”

    One concern is that the active ingredient in marijuana can stay in a worker’s body for several days and it may be hard to tell whether employees used the drug off the job or if they are currently under the influence, she says.

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    Employers are at risk for liability, however, if workers in safety-sensitive positions are high while operating heavy equipment, driving passenger vehicles or doing other tasks that jeopardize worker safety.

    In either case, employers should make their policies on pot and drug testing clear to workers ahead of time so workers know what to expect, adds Ms. Baer. Firms should also receive legal counsel specific to their state, since the details of marijuana laws vary state by state.

    As pot becomes legal in more states, some employers may also permit on-the-job pot smoking, just as some allow workplace happy hours and beer fridges, according to Ms. Baer. Under Massachusetts’ law, for instance, employers have the right to prohibit or expressly allow on-site marijuana use.

    “If your employer allows it, Pot Fridays could happen,” says Ms. Baer.

    Write to Rachel Emma Silverman at rachel.silverman@wsj.com

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    New Study Confirms Marijuana Use Up Drastically in Workforce

    Cully Stimson / @cullystimson / October 12, 2016 / comments

    This November, there are a record number of ballot initiatives in at least nine states regarding so-called medical marijuana or outright legalization of the Schedule I drug. The pot pushers, both small businesses and large, want more people smoking, eating, and consuming more pot because it is good for their bottom line.

    Before voting yes, voters—and, in particular, employers—should take a look at more disturbing data that was released two weeks ago at a national conference.

    At the annual Substance Abuse Program Administrators Association conference, Quest Diagnostics—one of the nation’s largest drug-testing companies—unveiled the results of its Drug Testing Index. The index examines illicit drug use by workers in America each year.

    In 2015, Quest examined more than 9.5 million urine, 900,000 oral fluid, and 200,000 hair drug samples. Following years of decline in overall illegal drug usage, the results showed that the percentage of employees testing positive for illicit drugs has steadily increased over the last three years to a 10-year high.

    The Drug Testing Index is an analysis of test results from three categories of workers—including federally mandated, safety-sensitive workers, the general workforce, and the combined U.S. workforce

    Oral fluid drug testing results—best at detecting recent drug usage—showed an overall positivity rate increase of 47 percent over the last three years in the general workforce to 9.1 percent in 2015 from 6.7 percent in 2013.

    According to Quest, the increase was “largely driven by double-digit increases in marijuana positivity.” In fact, according to the report, in 2015 there was a “25 percent relative increase in marijuana detection as compared to 2014.” The report also showed a significant increase in heroin positivity in urine tests for federally mandated safety-sensitive employees.

    Another disturbing trend is the rising positivity rate for post-accident urine drug testing in both the general U.S. and the federal mandated, safety-sensitive workforces. According to the index, post-accident positivity increased 6.2 percent in 2015, compared to 2014, and increased a whopping 30 percent since 2011.

    To those of us who have warned about the growing liberalization of the use of marijuana, from so-called “medical marijuana” to recreational abuse of the Schedule I drug, the results of the index are all too predictable.

    It is also not surprising that none of the major organizations that push for pot legalization and decriminalization of marijuana have written major stories about the Quest Diagnostics report.

    The more people use marijuana, the more likely it is that those who work and are subject to testing will pop positive for marijuana, even in safety-sensitive jobs. Think about that next time you hop on an airplane, ride Amtrak, or go about your daily life thinking everyone is focused on their job and your safety.

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    State Begins Random Drug-Testing of Middle School Children — With Punishment

    Claire Bernish

    August 22, 2016

     

    Random drug-testing of middle-schoolers — with penalties — has become a reality for a school district in New Jersey that already does so with high school students.

    Though the Lacey Township Board of Education program will be implemented purely on a “voluntary” basis for seventh and eighth graders who participate in athletic programs and extracurricular activities — and only then with parental consent — the invasiveness of the plan should sound a number of alarm bells.

    “I’m a supporter for any intervention to give another reason for kids to say ‘no’ and that can start at any age, especially with our young teens,” district superintendent Craig Wigley told NJ Advance Media following the school board’s vote on August 15.

    Students will be offered the option to participate in the random drug-testing program, but the parents of those who do must sign a 12-month consent form.

    Worse, the school plans to hand down stiff penalties to students who test positive — a first violation would bar a student from participation in sports and extracurriculars for 10 days, and on a second offense, the suspension would last 45 days. A third strike, unsurprisingly, bars the ‘offending’ student from athletics and extracurriculars permanently.

    Students who sign up for the program but refuse to take a drug test when selected would face the same harsh penalties as those who test positive for drugs — meaning voluntary participants must adhere to the plan, or else.

    “It’s really another tool for schools and families to keep their kids safe,” Wigley continued. “I think it’s a wonderful addition and it’s good to be in the forefront of that. We’re being proactive.”

    It would be feasible to imagine civil liberties advocates would beg to differ with that assessment, but NJ Advance Media apparently didn’t contact any for an opposing viewpoint. The Free Thought Project reached out to the New Jersey chapter of the American Civil Liberties Union for comment, but at the time of publication, had not received a response.

    As NJ Advance Media noted, the school board’s program will allow up to 40 students per month to be tested from September 1 through the end of the school year — but no explanation for the 12-month length of consent was provided.

    As the outlet wrote:

    The board of education will annually adopt the list of prohibited substances and determine the cut-off levels for each substance that determines a positive test before the beginning of each school year. The list of prohibited substances is expected to including alcohol, amphetamines, barbiturates, cocaine, marijuana, ecstasy, methamphetamine, opiates and any others substance defined as a controlled dangerous substance by state law.”

    As noted by High Times, the American Academy of Pediatrics generally opposes random or ‘suspicionless’ drug testing in schools, citing the lack of efficacy versus potential risks.

    Proponents of random drug testing refer to potential advantages such as students avoiding drug use because of the negative consequences associated with having … positive drug test results,” the AAP wrote in a statement in March 2015, “while opponents of random drug testing agree that the disadvantages are much greater, and can include deterioration in the student-school relationship, confidentiality of students’ medical records, and mistakes in interpreting drug tests that can result in false-positive results.”

    AAP does support identifying possible substance abusers so appropriate assistance could be provided, but feels testing should be left to pediatricians.

    As NJ Advance Media unironically reported, “No student will be penalized academically for testing positive for drug[s] or alcohol under the policy.”

    High schools in Lacey have performed random drug testing of students since December 2013 — though, in contrast to the middle school policy, that program is not voluntary. Each month, 30 students are selected randomly for drug screenings whether or not schools suspect them of actually using illicit substances.

    “Students who test positive will lose the ability to participate in extra-curricular [sic] activities — sports, graduation ceremonies, school trips and proms — and parking privileges,” NJ Advance Media reported in 2013. “Along with notification of his or her parents, students who fail a test will have to meet with a substance abuse counselor. The student will also have to submit to four additional drug tests over the next 12 months. Failure of those tests could lead to a year’s worth of revoked privileges and activities, and a requirement to attend a drug rehabilitation.”

    Alarmingly, some three dozen public school districts in New Jersey had implemented random drug testing for students as of three years ago.

    Considering drug tests are notorious for producing false positives — or can flag a legally-prescribed drug as an illicit substance — policies like these should at least be subject to intensive scrutiny, if not outrightly banned. Further, it should be noted, because these are public schools, taxpayers foot the bill for the Nanny State’s intrusion into adolescents’ lives.

    Rather than educating students about the effects of substances the government deems illegal — teaching them to respect drugs by comparing the perils of abuse to use in moderation — such programs inculcate the sort of taboo around substances that often lead teens to experiment in the first place.

    While local media nearly unanimously praised the voluntary testing of seventh and eighth graders, the public had a more mixed response — some commenters on the NJ Advance Media article felt drug testing should be left to parents and schools should focus on the obvious task at hand: education.

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