AccuSource Blog

Marijuana Mayhem: New Developments

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It is getting to the point where AccuSource may need to start a dedicated marijuana blog and I am beginning to run out of clever marijuana-related titles. First up, employers impacted by Philadelphia laws need to take note of new drug testing requirements. Signed into law on April 28, 2021, Bill 200625 prohibits pre-employment drug testing of applicants for marijuana, similar to restrictions already in place in New York City and Nevada. The bill allows for exceptions based on job or position. The following jobs or professions are still permitted to test prospective employees for marijuana: police officers and other law enforcement positions; positions requiring a commercial driver’s license; positions requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals; and positions where the employee can significantly impact the health or safety of other employees or members of the public. Additionally, the prohibition does not apply where any federal or state statute, regulation, or order requires drug testing of applicants for safety or security purposes; where a contract between the federal government and an employer or the granting of financial assistance from the federal government requires drug testing of applicants; and applicants whose prospective employer is a party to a collective bargaining agreement that specifically addresses the pre-employment drug testing of those applicants. Bill 200625 goes into effect on January 1, 2022, which allows some time for affected employers to update their drug screening programs.

Virginia employers have much less time to prepare for legalized recreational marijuana than previously thought. Originally, legalization was slated to be effective on January 1, 2024 under Senate Bill 1406. However, the governor proposed amendments to drastically move up the timeline, making portions of Senate Bill 1406 effective as of July 1, 2021. We previously wrote about Virginia’s legalized recreational marijuana, but here are some of the major takeaways. Adults who are at least 21 years old will be able to legally possess up to 1 ounce of marijuana starting July 1, 2021. They also are permitted to grow up to 4 marijuana plants at home as of July 1 as long as the plants are not visible to the public. Those who choose to grow marijuana at home must also prevent unauthorized access to the space by minors. Finally, past marijuana convictions will automatically be sealed and expunged. For more information on Senate Bill 1406 and legalized recreational cannabis in Virginia, see our previous blog post High Maintenance: More States Legalize Recreational Weed

If you would like AccuSource to provide a complimentary review of your current background screening compliance program, please contact us at marketing@accusource-online.com.

Jennifer Daimon, Esq. | CIPM

Jennifer Daimon, Esq. | CIPM

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