Legality Issues in Other Countries where Drugs are Legal

Legality Issues in Other Countries where Drugs are Legal

Legality Issues in Other Countries where Drugs are Legal

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Currently many States within America have legalised the sale and use of marijuana. Colorado is currently one of the leading States with regards to the legislation of Cannabis. Local businesses within Colorado are finding that those jobs that require the employee to stay awake, such as forklift driving and the carrying of heavy boxes and cargo, are finding that many prospective workers keep failing drug testing.Companies are seeing that nearly 90 percent of job applicants are testing positive for something ruling them out of the job. The increase of failed drug tests, which continues to rise, inevitably drains the pool of eligible job candidates and finding the right type of workers is proving increasingly challenging.

What Drugs are Employees Testing Positive For

It is not just marijuana that job applicants are testing for. Other drugs such as cocaine, amphetamine and heroin are at the highest rate in 12 years according to a report from Quest Diagnostics, a clinic laboratory that follows national employment trends.

It is quite interesting to see that data from an analysis of approximately 10 million workplace drug screenings from across the country in 2016 found positive results from urine samples increased from 4 percent in 2015 to 4.2 percent in 2016. This figure is quite alarming amongst many employers looking to hire suitable candidates. The report highlighted that a significant amount of drug tests showed an increase for marijuana.

The United States is Facing Confusion within Drug Testing

The situation amongst work place drug testing remains problematic. Although state laws have relaxed over the past four to five years, employers haven’t eased up on testing for cannabis, even in States where it’s legal. Under federal law, marijuana remains illegal and employers can refuse to hire anyone who uses it even if they have a prescription or medical marijuana card. One popular form of work place drug testing that is used is Oral fluid testing. This method picks up on recent drug use, and is typically used to test workers on the job. Results have shown that positive drug tests for marijuana have surged within the United States over the past four years. The data shows smaller increases in urine and hair testing.

Colorado and Washington, the first two states to legalize marijuana in 2012, showed the largest growth in positive tests. Urine screens that detected pot rose 11 percent in Colorado and 9 percent in Washington. Even though the culture has dramatically changed towards a much more pro-marijuana status, this has not altered the way employers screen applicants and are still testing for marijuana. Companies where staff have to operate heavy machinery or involved in a capacity of operating a moving vehicle continually test for marijuana to maintain their safety levels at the highest. Firms can conduct hair and follicle tests which can trace marijuana for up to three months after use.
It is fair to say that there have been an increase in failed tests since cannabis became legal. Even though a small number of businesses in places such as Colorado have dropped active THC and marijuana work place drug testing, such professions as truck and school bus drivers are required by law to prove they do not have marijuana in their system before starting any driving role. This will also apply to pilots, train and subway drivers and engineers and even security guards. The Department of Transportation does not recognise medical marijuana as a valid medical explanation for failing a drug test.

Of course this has undoubtedly caused a lot of worry amongst employees looking to fill and apply for these jobs. It is obvious that a job that is considered safety sensitive requires workplace drug testing and that simply is not changing.

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