A Rundown of Legislative Changes

Dec 9, 2020 | DOT Clearinghouse, Drug Testing, In the News, Industry News

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State legislators made several changes in state laws regarding drug and alcohol policy. Let’s take a look at policy changes to keep on top of any new regulations.

Several states changed or updated alcohol and marijuana policy. Here’s the rundown:

  • Alabama – Made it illegal to use supplements or synthetic urine to fool drug screens.
  • Delaware – Added the treatment of anxiety to the list of qualifying conditions.
  • Iowa – Updated their THC limits from 3% to 4.5% per gram for patients. Terminally ill patients may have different levels approved.
  • Maryland – Increased amount of marijuana needed to qualify as a criminal offense. Anything under a certain amount is a civil offense.
  • New York – Added to its mandatory drug testing pre-employment screenings. Any for-hire drivers that transport 10+ must take a pre-employment drug test. CDL and non-CDL drivers are both required to take pre-employment tests.
  • Oklahoma – Funded the start of a marijuana breathalyzer program.
  • Utah – Changed workers compensation policy to lower the blood and breath alcohol levels required for employers to take action. The reduced amounts will also determine if a person qualifies for workers’ compensation and disability. Private employers do not have to accommodate medical marijuana use under their drug and alcohol policies.
  • Virginia – Some marijuana possession and CBD oils now have a civil penalty instead of a criminal penalty.
  • West Virginia – If terminating an employee for violating a company drug and alcohol policy, gross conduct can be brought, negating any indemnity benefits.
  • Washington, D.C. – Medical marijuana users cannot be excluded from hiring based on a positive marijuana test. No negative actions can be taken against the employee at work unless they use, are impaired, or possess marijuana in the workplace. Private employers are exempt from this rule.

These regulations were enacted by each states’ legislators. To that extent, this list doesn’t include any states that legalized marijuana or other drugs via ballot measures. As always, make sure to check with your legal department to determine if any of these changes may affect you.