Please be aware of the DOT’s rules on Safety Sensitive Employees – which we all are. Marijuana is legal in California and even with a Medical Marijuana Card you can still receive discipline for a positive drug test given at work.
The JCBA Article 32 (L) speaks to reason for and procedures if you are being tested for “reasonable cause or post-accident”. After being tested you will be withheld from service with pay until the test results come back.
Remember pot stays in the system long after the effects have worn off – just because you are not “high” at the time, the test results may come back as positive.
“In recent years, many states have legalized or loosened restrictions on cannabis. However, the possession or use of marijuana is still illegal under federal law, regardless of whether it is ingested or inhaled. That means that federal drug testing rules have not changed, and manycompanies have drug testing rules that mirror federal regulations.”
According to the US DOT website:
The Department of Transportation’s Drug and Alcohol Testing Regulation…does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result….Therefore, Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.
The JCBA provides in Article 35 (G) – “An employee’s first confirmed positive drug/alcohol test will not automatically result in termination.”
Please note the language “automatically”; that could mean that it still could lead to.