of PUMA, which specifically states that an employer is not required to allow medical marijuana use if they are under federal regulations and/or obtains federal funding. Te court ruled that the federal Drug


Free Workplace Act does not specifically require that an employer perform drug testing, nor does it require that an employee be fired should they use drugs outside of work. As the court ruled that drug testing is not required by the Act, the court also found that the provision in PUMA stating “ . . . unless required by federal law or required to obtain funding” does not apply in this case, or other similar cases.


What Does Noffsinger Mean for Employers?


Connecticut employers are likely to be the most impacted by Noffsinger; however, employers nationwide should take note of this landmark ruling. While the court ruled that because the Act does not specifically require drug testing as a part of its provisions, it did not provide any guidance for employers as to how they are to make efforts to maintain a drug-free workplace, as required under the Act, without specifically drug testing or prohibiting off-duty drug use in their policy. Based on this court ruling alone, Connecticut employers, at a minimum, need to include medical marijuana and provisions for hiring medical marijuana using employees in their company policies. Included in company policies should be language stipulating that medical marijuana use alone will not result in adverse employment action; however, when combined with other factors (for example, a safety-sensitive position), an employer may take adverse employment action. Nationwide, employers should stay up-


to-date on marijuana laws and legislation in their state(s) of operation. Additionally, stay aware of progressing court cases that could impact what employers are permited to do in their place of work. Many states include employment discrimination


www.datia.org


provisions in their medical marijuana laws, and employers can expect more court cases to come to light as marijuana use (both for medicinal and recreational purposes) continues to grow in popularity. While the Noffsinger ruling only applies


to employers that operate in the state of Connecticut, employers nationwide would be wise to review their policies regularly (yearly, at a minimum) to make sure they are compliant with state laws that may have been recently updated and/or passed, federal regulations, and any recent case law in their state(s) of operation. Looking forward to 2019, contact the Current Consulting Group (CCG) for information on updating your policy and/or creating a new one, by phoning 215.240.8204 or emailing policy@currentconsultinggroup.com. ❚


© 2010–2018 Te Current Consulting Group, LLC—No portion of this article may be reproduced, retransmited, posted on a website, or used in any manner without the writen consent of the Current Consulting Group, LLC. When permission is granted to reproduce this article in any way, full atribution to the author and copyright holder are required.


Bill Current is the President and Founding Partner of the Current Consulting Group (CCG). Bill is a 27-year veter- an in the drug testing industry. He is the former Director of


the Institute for a Drug-Free Workplace, Execu- tive Director of the American Council for Drug Education, and Vice President of Consulting for Employee Information Services. An author of 10 books on substance-abuse-related is- sues and a regular presenter at conferences, seminars, workshops, and webinars, Bill is widely considered one of the leading experts on drug testing and the drug testing industry. He founded the industry’s most comprehensive database subscription service at CurrentCom- pliance.org and conducts the annual Drug Testing Industry Survey, now in its 20th


year. datia focus 41


Nationwide, employers should stay up-to-date on marijuana laws and legislation in their state(s) of operation.


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