Will Issue 3 Change OH Drug Testing?
A medical marijuana and recreational amendment may pass in Ohio on November 3, which may have an impact on how businesses in the state conduct drug tests on their current and prospective employees, according to a recent media reports.
With the potential passing of Issue 3 on the horizon, state drug policy experts have voiced concerned over the ways in which businesses view the results of a marijuana (THC cannabis) drug test given the unique way in which the drug binds itself to fat cells within the body. This fat binding process is ultimately responsible for the potential for users to test positive for 30 days or more, even if there are mere traces of THC remaining in their systems.
How Will Issue 3 Impact Drug Testing?
It is for this reason that businesses may run into an issue if they decide to keep their current employment drug testing policies in place rather than introducing new ones to accommodate those who opt to take advantage of Issue 3.
“But it could cost them. If they have someone that (sic) tests positive, that person may take them to court and challenge them. The challenges are going to cost a lost of money and time,” said former undercover narcotics officers and certified court expert on drug policies, Timothy Dimoff. “It’s the only drug that attaches itself to the fat cells of the body, which causes the cleansing of the drug from the body to be delayed over a period of time.”
With more employees potentially testing positive for marijuana without violating any state or federal laws, businesses will then be faced with a dilemma since testing positive does not necessarily equate impairment while on the job. It is with this in mind that Dimoff suggests that a shift to post-accident drug tests may be necessary in order to avoid the legal mess that may follow if an employee is terminated based upon the results. Dimoff also noted the benefits of implementing the alternate methods of saliva and blood drug testing to avoid “false positives” and to more accurately determine how recent marijuana was used.
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