The Centers for Disease Control and Prevention (CDC) is giving advice to businesses on how to develop marijuana policies that respect state legalization laws but mitigate the risk of impaired driving. In a post published last week by CDC’s National Institute for Occupational Safety and Health (NIOSH), the agency said that there are inherent risks to driving while under the influence of THC, but the issue is nuanced due to distinct state policies and the fact that there’s currently no tool in widespread use to detect active impairment from cannabis. To that end, it laid out “best practices” for employers that recognize that “marijuana’s specific contribution to crash risk is unclear because it can be detected in body fluids for days or even weeks after use.” Employers should create cannabis policies that account “for current laws in each state where your company operates,” CDC said, adding that a “zero-tolerance policy for marijuana may not be possible, depending on your state’s laws.” For example, New York’s Department of Labor recently updated its drug testing policies to widely block employers from screening for THC since marijuana was legalized in the state. It does carve out certain exceptions, however, including for workers contracted by the federal Department of Transportation. CDC did argue that an ideal policy should at minimum prohibit workers from using cannabis on the job or showing up to work impaired. It also recommended partnering with an attorney who can “review your policy and provide feedback.”
Kyle Jaeger, Marijuana Moment, 11/29/2021 11:07:00