MARIJUANA LAW UPDATES BY DAVID M. ROSTON, MD, ALLONE HEALTH


Up in Smoke: What Companies Need to Know About Medical Marijuana


This column will update readers on developments in marijuana legalization.


employee impairment due to medical marijuana use at work. Twenty-three states have approved the use of marijuana for medical reasons. Four states and the District of Columbia have approved recreational marijuana use. Tere seems to be a fundamental shiſt in public opinion about marijuana use, at least for medical reasons, which may force employers to reconsider their approach to it. Marijuana use is illegal under federal


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law. Even in states that have approved medical marijuana, employers with federal contracts must maintain a drug free workplace. For example, employees who test positive for marijuana and fall under the FMCSA (Federal Motor Carrier Safety Administration) regulations must be removed from work, even if the marijuana use is legal in his or her state. Te federal government may be


shiſting its stance on medical marijuana. At the end of 2014, Congress passed, and the President signed a law, which forbids federal agents from raiding retail establishments that sell medical marijuana in states where it is legal. Two bills have been introduced in 2015, the Regulate Marijuana Like Alcohol Act and the Marijuana Tax Revenue Act, that would serve to legitimize medical marijuana use at the federal level.


50 datia focus


edical marijuana poses many challenges for employers, including the potential risk of


A federal bill has been introduced that


would change marijuana from a Schedule I drug (agents with high addiction potential, no acceptable medical uses, question of safety) to Schedule II (highly addictive but useful medications such as narcotics). Tis would effectively make marijuana legal and would subject it to regulation by the DEA (Drug Enforcement Agency). Although it is unlikely that this measure will pass this year, medical marijuana may ultimately become legal at the federal level. How this would affect federal policies toward marijuana is unpredictable at this time. State regulations on medical marijuana


vary. According to the National Council of State Legislatures, some states take a limited approach to medical marijuana, such as allowing only products with low THC (tetrahydrocannabinol, the primary psychoactive agent) concentrations. Others have a more comprehensive approach, which may include marijuana dispensaries and permission to gro marijuana for personal use. Most states specify the medical conditions for which marijuana use is authorized. Some states maintain a registry of medical marijuana users and/ or have I.D. cards. An examination by a physician is required to obtain a medical marijuana card. A review of individual’s experiences as described online suggests that the medical examination does not create much of an obstacle for those wishing to use medical marijuana. Te state of Georgia recently passed


legislation into law that permits patients or their caregivers to have “low THC oil” which is mostly cannabidiol and 5 percent or less of THC. Tennessee passed a bill this year that changed the definition of ‘marijuana’ to allow low-THC (less than 0.9 percent) cannabis oil obtained


legally in another state. Te holder of the low THC oil would be required to keep proof of authorization from the state where it was obtained. Virginia also passed legislation this year that permits use of cannabidiol oil (processed oil that contains at least 15 percent cannabidiol and 5 percent or less THC) for treatment of intractable epilepsy. Many states, including Alabama, Florida, Georgia, Indiana, Kansas, Kentucky, Mississippi, North Carolina, North Dakota, Tennessee, Utah, and West Virginia, all had medical marijuana legislation, which failed to pass. Impairment of employees using medical


marijuana could be a major concern for employers. When an individual is noted to be impaired at work, the employer must take immediate action to remove the employee from the workplace to prevent injury to himself or others. Safety is the paramount issue in that situation. An employee may become impaired due to alcohol or drug use (licit or illicit), or medical or psychological issues. It may be appropriate to test for alcohol or illegal drugs, depending on company policy and federal regulations. Unlike with alcohol, marijuana


intoxication does not lend itself to easy characterization. Alcohol levels can be easily measured using breath alcohol testing and the effects of alcohol intoxication have been well studied. Levels of THC can be measured in urine, plasma or saliva. Te states of Washington and Colorado,


which have approved recreational marijuana use, consider a blood THC level of 5 ng/ml or greater to be consistent with driving under the influence of marijuana. In one study, levels of THC remained above 5 ng/ml much longer in


Fall 2015


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