where per se legal limits for impairment have been set and refined over the past 50 years—marijuana impairment standards have not been determined, and the per se standards that have been set are based more on politics than science. What we do know is that the National Highway Traffic Safety Administration (NHTSA) notes several facts: 1. Effects from smoking cannabis products are felt within minutes and reach their peak in 10–30 minutes.


2. Typical marijuana smokers experience a high that lasts approximately two hours.


3. Most behavioral and physiological effects return to baseline levels within 3–5 hours aſter drug use.2


Armed with that information and


technologies—specifically the advent of marijuana breathalyzers that measure THC in breath for a parallel 2–3 hour detection window aſter smoking—employers are now able to test employees as they report for work. A positive result for THC in breath indicates very recent use; it does not indicate legal use from days or even weeks ago. Te immediate onsite positive result allows an employer to prevent an employee from performing their job and risking their safety, to maintain the safety of others, and to limit the liability and costs of accidents and incidents while on the job. It also allows an employer to begin to educate an employee about the dangers of recent use and help them obtain information to make beter choices. Te expanded reliance on Employee Assistance Programs (EAPs) and Substance Abuse Professionals (SAPs) to work with employees who test positive helps both the employees and the employers. Additionally, a negative result on a


marijuana breath test—either pre-access or post-accident—substantiates an employee’s claim that their use was not recent enough to be indicative of impairment and, in fact, may have occurred days or weeks earlier. Interestingly, this ability to exonerate


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employees is why employers are extremely interested in marijuana breathalyzers: they want to keep employees. Many have had to terminate good, loyal, and honest employees simply because they tested positive for marijuana use on a drug test designed for a different era. Tis is untenable for employers who can easily spend $10,000 finding a new employee who will take years to develop the knowledge to be as effective as the one they had to fire. Of course, breath testing also allows


employers to protect themselves from the risks of actual recent use as well as from claims of unfair negative employment action if that action was based on a positive drug test of use in the past. Te use of onsite marijuana breathalyzers


will also provide additional cost-savings for employers because employee and supervisor will no longer have to travel to drug testing labs off-site and then wait for several days for test results. In fact, in less than 15 minutes, onsite marijuana breathalyzers provide a result. And, since the vast majority of onsite marijuana tests will be negative because most employees use marijuana responsibly (which breath tests can prove by measuring only very recent use), the employee can return to work immediately. Testing for recent use, within just a few hours, provides a true solution—a “Win-Win” for all involved.


The Science and Technology


A recently published clinical study by Dr. Kara Lynch from the University of California, San Francisco, determined that THC can be predictably measured in breath aſter a person smokes marijuana. Dr. Lynch’s researched also demonstrated that THC can be measured in breath for 2–3 hours aſter smoking,3


which correlates with


the window of peak impairment identified by global researchers.4


Tis study was not


only groundbreaking because it was peer- reviewed and published in the journal of Clinical Chemistry, but also because the


As a matter of fact, unions in safety- sensitive industries are also embracing the use of marijuana breathalyzers.


results lay the groundwork for a solution to the “marijuana problem” that has stumped many legislators, employers, and drug testing companies. Forward-thinking employers and TPAs have recognized the value of testing breath for marijuana because it provides information about use during the peak impairment window and doesn’t result in a positive test if an employee used over the weekend. Most employees also understand that


this new technology will facilitate changes to unfair drug testing policies while still keeping the workplace safe. As a mater of fact, unions in safety-sensitive industries are also embracing the use of marijuana breathalyzers. Teir members want to legally use marijuana, but union leadership also must balance the mandate to keep members safe. For example, testing breath for marijuana use before construction workers access a job site (pre-access testing) meets the needs of union members who responsibly use marijuana outside of work hours and those union members who are concerned for their own safety; no one wants a coworker to smoke a joint at lunch and then operate a crane 40 stories above their shared job site.


Safety and Fairness It is now possible for employers to balance safety and fairness because of the groundbreaking ability of marijuana


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