Those enrolled in the state’s medical cannabis access program are no longer subject to workplace sanctions solely because of a positive drug test for marijuana, according to legislation enacted earlier this year.
Legislation (LD 2110) signed into law amends Maine’s employer substance use testing policy requirements so that those patients enrolled in the state’s medical cannabis program have a “legitimate medical explanation” if they test positive for marijuana on an employer-provided drug screen. Under the new law, patients’ authorized use of medical cannabis products is treated no differently than patients’ use of prescription medications.
Commenting on the law, NORML’s Deputy Director Paul Armentano said: “This legislation is long overdue. No patient should have to choose between their medicine or their job.”
He added: “Patients who take traditional medications – including opioids, benzodiazepines, and other therapeutics – do not face punishment in the workplace unless their on-the-job performance is impaired. Patients who consume medical cannabis during their off-hours should be treated equally.”
Over 110,000 patients were enrolled in the program, as of early last year.
Employment-required drug testing typically relies on urinalysis tests, which screen for the presence of the inert carboxy-THC metabolite. This non-psychoactive metabolite can be detectable in subjects’ urine for weeks or even months following past exposure, long after any potential effects have worn off. According to findings from the National Academy of Sciences and others, those who consume cannabis during off-hours possess no greater risk of occupational injury than do those who abstain from marijuana altogether.
The new law is similar to provisions in several other states protecting state-authorized patients from workplace discrimination as a result of their off-the-job cannabis use. Some additional states — including California, Connecticut, Minnesota, Montana, New Jersey, New York, and Rhode Island — have enacted broader workplace protections limiting employers’ ability to test for or sanction any employee for their cannabis use while off the job, regardless of whether or not they are a verified patient. (These statewide policies typically do not apply to employees in ‘safety sensitive positions’ or those subject to federal drug testing mandates.)
Additional information on off-duty cannabis use and workplace safety is available from the NORML Fact Sheet, ‘Marijuana Legalization and Impact on the Workplace.‘
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