Drug Testing at Work: Cannabis Patients

by MEGAN NEFF

Drug testing in Utah’s workforce is complicated, yet many medical cannabis users have to frequently abide by the tremulous laws that are in place.

Utah being an “employment-at-will” state means that there are a lot of issues when it comes to companies drug testing their employees. As it is the businesses’ right to run their drug testing policies how they see fit.

This may cause confusion and complications as S.B. 121 requires that government employers accommodate employees to use medical cannabis.

Although, private companies have yet to tolerate this requirement.

New proposed changes in Utah’s medical marijuana law have begun circulating within the legislature. These amendments would give private companies the ability to deny the use of medical marijuana.

Utah does not have any concrete laws at this time that protect medical cannabis patients from being terminated from their positions.

Unlike Utah, California has a Compassionate Use Act that protects patients against terminated positions due to a positive marijuana test if they are a cardholder.

A source, who wishes to remain anonymous to avoid repercussions by the company, processes drug tests for multiple states.

“I work for a company that helps companies manage their drug testing programs. We do testing for a variety of companies including Trucking Companies, Airlines, School Districts (Bus Drivers), State and City workers, construction companies, and Public Transportation companies” they said.

This Utah-based company facilitates drug testing for companies throughout all 50 states.

Oregon has been a state of comparison to Utah when it comes to private drug testing. The Beaver state legalized the use of recreational marijuana and has no law addressing private employment drug testing.

It is considered a prescription if a positive result was to show, leaving Oregon companies liable if they decide to discriminate against a medical marijuana patient.

"All states test cover THC but we do have non-DOT regulated companies that have opted to remove THC from their testing panel.”

Utah is an at-will employment state, meaning that private or public companies have the right to fire an employee for any reason. Generally, it gives companies the ability to terminate positions at will.

This may perpetuate the perplexing divide between medical cannabis users and their private employers.

According to the anonymous employee of the company, they report positive results to the employer no matter if the individual has a medical marijuana card or not.

“If the donor has a medical card and gives us permission we can disclose to the company that the donor carries one and then at that point it's up to the company to decide what they want to do. Because of this, we have clients that have decided to remove THC from their panel all together” they said.

Advocate groups for medical marijuana have worked to create a better understanding for employers when it comes to cardholders. Although, sometimes their efforts aren’t successful due to strict drug testing policies private and public companies hold.

“Medical Marijuana can definitely cause someone's job to be in jeopardy,” the anonymous employee said.

Utah is still one of the remaining states under federal law of illegal commercial use of marijuana. Which can cause legal troubles with doctors prescribing patients into the Utah Cannabis program.

Without across the board medical marijuana accommodation for employees, patients worry as their medication and jobs are at risk.