Category Archives: Drug Test

New York Town’s Ban on Pre-Employment Marijuana Trying out Is going Into Impact

Maximum process candidates in quest of paintings in New York Town gained’t have to worry over a drug take a look at for marijuana, because of a brand new regulation that took impact remaining weekend.

The brand new measure “bans firms from requiring pre-employment trying out for marijuana, with exceptions for candidates for police, child-care, business riding and a few different jobs,” consistent with NBC New York, even if it “doesn’t forestall employers from trying out present employees, or from firing them in the event that they fail.”

The regulation handed the NY city council via a 40-to-Four vote a 12 months in the past, after it used to be subsidized via Jumaane Williams, the town’s public suggest.

“Marijuana trying out isn’t a deterrent to the use of the drug, it’s an obstacle to alternative relationship again to the Reagan house—person who disadvantages low-income employees, steadily employees of extra colour, lots of whom we now name very important however deal with as expendable.” Williams mentioned in a press unlock on Tuesday. “Specifically now, as we’re grappling with learn how to get better from the commercial disaster brought about via the COVID-19 pandemic and the worst ranges of unemployment in a century, we want to be growing extra get admission to issues for employment, no longer much less—and if potential employers aren’t trying out for previous alcohol utilization, marijuana will have to be no other. That is an financial restoration factor, a employee justice factor, and person who New York Town will have to prepared the ground on.”

May just Legalization Be Subsequent For New York?

New York state decriminalized marijuana remaining 12 months, whilst New York Town had already reduce down dramatically on low-level enforcement of pot regulations beneath Mayor Invoice de Blasio. 

However New Yorkers must wait somewhat longer for felony leisure weed, after the state’s governor Andrew Cuomo in March dominated out together with legalization within the state’s funds deal. Cuomo had known as on legislators to pursue legalization originally of the 12 months—simply as he did in 2019—however he mentioned the trouble fizzled this time round because of cases surrounding the COVID-19 pandemic. 

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W. Virginia Community College Offers Free Tuition to Students Who Pass Drug Test

If West Virginia students are interested in participating in a new program that allows them to attend community colleges for free, they’ll have to make sure they haven’t smoked any marijuana recently.

It was announced on Thursday that THC will be on a list of banned substances for participants in the program, funding for which was approved unanimously by the state Senate in February via Senate Bill 284.

“The motivation for the bill is to lift the education-attainment level for all West Virginians and give them a pathway to a brighter future,” said legislation sponsor and state Senate president Mitch Carmichael at the time of the bill’s passage. “From a state perspective, it helps us say to the world that our workforce is drug-free, trained, educated, and ready to go to work.”

A consultant who is working on the program announced that applicants will also be tested for opiates, oxycodone, hydrocodone, cocaine, amphetamines, and other substances. If a student is able to provide proof that they are consuming a drug for a medical purpose, they will be exempted from tests on the substance.  

The program will start in the fall of this year. Charleston Gazette-Mail reports that the drug test will have to be administered within the first 60 days of the semester, and students will be responsible for paying for their own drug test at an authorized facility, at a tentative fee of $34. Officials said students could find providers through the free tuition program’s website.

The board’s vice chairperson was unable to provide a reason for marijuana being included on the program’s list of banned substances. Development of the drug test plan did not include a meeting for public comment, and there was no opportunity for the board to vote on the drug test requirement.

“We tried to model after WorkForce West Virginia,” said Program consultant Kathy Butler said the program was modeled after WorkForce West Virginia, a state-run jobs program. “We need to make sure that we’re consistent because, a lot of times, we serve the same clientele, the same students, and the same population.”

In West Virginia, lawmakers passed legislation legalizing medical marijuana in 2017. The program has taken time to get off the ground, but is now considering contracts for the system’s banking and financial services.

There is current political resistance to regulating recreational use cannabis, though a bill was introduced by House Democrats in January that would legalize adult use. Many have expressed interest in cannabis legalization based on potential benefits to state revenue. Projected earnings from such an industry would not only wipe out the state’s deficit and result in a $183 million surplus.

This year, the state has seen controversy emerge over the decriminalization of marijuana. A US district judge had to get involved when citizens of the 1,400-person town of Salem got a “Sensible Marijuana Ordinance” put on their June ballot. City officials removed the issue from voting consideration, saying that the Secretary of State had implied that it was likely illegal for municipalities to legislate on such issues. But in April, Judge Thomas S. Kleeh granted a temporary injunction to get the issue back on Salem’s ballot.

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Vancouver Lawyers Find Roadside Drug Testing Kits Yield Frequent False Positives

A Vancouver attorney has found that the only device approved for roadside drug tests in Canada is subject to frequently yielding false positive results. Kyla Lee, a lawyer with the firm Acumen Law, says that the Drager Drug Test 5000 had indicated the presence of drugs including cannabis, opiates, and cocaine after test subjects had used products legal and easily obtained in Canada. The Drager 5000 was approved to conduct roadside screenings for drug impairment in concert with the legalization of cannabis in Canada last year.

Lee said that the device was unable to differentiate between THC and CBD, leading to saliva screenings yielding false positive results from people who had only consumed non-psychoactive cannabidiol.

“We found there was a retention period of half an hour. It was still found in the mouth even though there were no lingering effects in the body,” she said.

Lee also found that people who had consumed common baked goods subsequently returned positive results for other controlled substances that could cause driving impairment.

“We had several individuals eat poppy seed loaf from Tim Hortons and poppy seed cake they made at home. All of those people tested positive in the saliva test for opiates, and later tested positive in subsequent urine tests,” Lee said.

False Positive Results Could Lead to Arrest

She noted that such false positive results could have significant consequences in an actual roadside screening by law enforcement.

“So if a police officer were to pull those people over and gave them a saliva test, they would be arrested,” Lee said.

Other test subjects who had used coca tea had positive results for cocaine returned by the Drager 5000. Coca tea is commonly available in Canada and is made from the same plant that is processed into cocaine.

“That’s so concerning because in our legal system we have a zero-tolerance threshold for cocaine,” Lee said. “Any detectable amount of cocaine in your system means you’re guilty of a criminal offense.”

“People who are wanting to try different kinds of tea are now at risk of being charged with impaired driving,” she added. “It’s another example of how the government really failed in approving this device.”

The Drager 5000 has also received other criticism, including complaints that the device does not function properly in cold weather. Although it is currently the only device approved for roadside drug screenings by the federal government, many law enforcement agencies including the Vancouver Police Department have declined to deploy the machines. A second device, the SoToxa system, has been recommended for approval by a government panel. Lee said that the Drager 5000 should either be improved or recalled.

“We need to put more effort in this country into finding a device that can tell the difference between something that’s impairing a person and something that’s merely present in their system,” she said.

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