AOCOPM 2024 Midyear Educational Conference-346719

346719 - Article 22

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The document discusses the implications of high-potency cannabis use for employers, focusing on the changing legal landscape and associated risks. By March 2024, medical marijuana had been legalized in 38 states and the District of Columbia, with recreational use legalized in 24 states. These legal changes introduce challenges for employers, such as potential employee loss under Drug-Free Workplace policies, increased risk of accidents and absenteeism, and litigation exposure from terminating employees who test positive for cannabis use outside of work.<br /><br />The medical effects of cannabis are broad, affecting cardiovascular, pulmonary, reproductive, and neurological systems. High THC concentrations have increased over decades, amplifying these effects. Acute use can cause symptoms like red eyes, increased appetite, and mood changes, while chronic users develop a tolerance that obscures these acute symptoms.<br /><br />For employers, it is critical to distinguish between cannabis use and impairment, especially in safety-sensitive positions. Impairment may not correlate directly with metabolite presence. Testing methods like serum THC levels are more indicative of current impairment, being comparable to certain blood alcohol concentrations.<br /><br />Employers need well-documented policies that balance legal compliance with workplace safety, especially in states with cannabis legalization. This includes clear protocols for testing, accommodations, and handling positive tests. Collaboration with medical review officers and legal advisors is vital to navigate these complexities.<br /><br />High potency cannabis presents specific challenges, as frequent users might titrate intake to achieve specific effects, often rendering standard tests less effective at determining impairment. Policies should address off-duty use, required disclosures, and implications of positive tests on employment status. Developing effective workplace policies entails consulting legal and medical professionals and considering the unique risks posed by cannabis to workplace safety.

Keywords

high-potency cannabis

employers

legal landscape

Drug-Free Workplace

impairment testing

workplace safety

cannabis legalization

THC concentration

workplace policies

medical marijuana