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MARIJUANA MOMENT
FEDS MUST CHANGE ‘DISCRIMINATORY’ MARIJUANA TESTING POLICIES TO ADDRESS TRUCKING
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POLITICS
FEDS MUST CHANGE ‘DISCRIMINATORY’ MARIJUANA TESTING POLICIES TO ADDRESS TRUCKING
INDUSTRY LABOR SHORTAGE (OP-ED)
Published
4 seconds ago
on
April 11, 2024
By
Marijuana Moment
“Workplace policies, and those that regulate federal workers specifically, must
adapt to this new reality and cease punishing employees for activities they
engage in during their off-hours that pose no legitimate workplace safety
threat.”
By Paul Armentano, NORML
Tens of thousands of workers are leaving the commercial trucking industry
because the federal government refuses to update its antiquated marijuana
policies. Fewer truckers on the road results in supply chain shortages and
higher prices for the goods Americans rely on.
Study finds cannabis increases productivity when working out
Cancel 1
Study finds cannabis increases productivity when working out
Research study suggests cannabis use before physical activity could have
positive effects. FOX 5 NY's Kendall Green explains
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At issue are federal regulations adopted in 1988 mandating all federally
contracted workers to refrain from the use of certain controlled substances,
including cannabis. Despite the reality that most state governments have since
legalized cannabis use under certain circumstances, neither Congress nor federal
regulators have revisited the marijuana-specific provisions of Drug-Free
Workplace Act.
As a result, hundreds of thousands of commercially licensed drivers must
routinely undergo random urinalysis screenings for cannabis use to maintain
their employment. However, these tests are not intended to assess whether
drivers are under the influence of cannabis while on the job. Rather, they are
solely designed to detect whether one may have been exposed to cannabis several
days, weeks or even months earlier.
That’s because urine screens detect the presence of carboxy-THC—an inert
byproduct of cannabis that can remain present in urine for as long as 100 days
post-abstinence. Because it possesses such a prolonged detection window, the
Justice Department has long acknowledged that a positive test result “does not
indicate abuse or addiction; recency, frequency, or amount of use; or
impairment.”
Over the past several years, truckers and other drivers subjected to this
testing have been failing these tests in record numbers. Since 2020, over
139,000 truckers have tested positive for past cannabis exposure. That total is
far greater than the total number of failures for all other drugs combined. Most
of these drivers are refusing to reapply for work in the industry. Tens of
thousands of additional drivers are skipping their tests altogether. In all,
more than 150,000 licensed drivers have left the profession in recent years
because of these zero-tolerance workplace drug testing policies.
A change in these discriminatory and counterproductive marijuana drug testing
policies is long overdue. These outdated regulations are an artifact of the
1980s drug war zeitgeist. But times have changed; attitudes have changed, and in
most states, the marijuana laws have changed. Workplace policies, and those that
regulate federal workers specifically, must adapt to this new reality and cease
punishing employees for activities they engage in during their off-hours that
pose no legitimate workplace safety threat.
Several state governments, including California and New York, as well as major
corporations like Amazon, have wisely amended their rules so that most public
and private employees may no longer be terminated from their jobs solely because
of a positive drug test for the presence of THC metabolites. In addition,
performance testing technologies like DRUID and Alert Meter are now becoming
more widely available for employers who wish to assess whether their employees
are actually impaired while at their jobs.
It’s high time that the federal government similarly update and amend its own
antiquated marijuana testing regulations in accordance with cannabis’s rapidly
changing cultural and legal status.
Paul Armentano is the Deputy Director for NORML, the National Organization for
the Reform of Marijuana Laws.
> It’s Time To Rethink Termination Of Employees For Positive Marijuana Drug
> Tests (Op-Ed)
Photo courtesy of Chris Wallis // Side Pocket Images.
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
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