January 2024
FAQ: THC/Marijuana/Cannabis testing
What does the California law change for THC/marijuana testing state?
This change makes it unlawful for most employers to discriminate against a person for hiring, termination, or for any term or condition of employment based on drug testing where non-psychoactive cannabis (THC) metabolites are used for detection. Exceptions are within the construction trades and positions that require federal background investigation or security clearance.
Effective January 1, 2024 California law changes will make workplace urine testing obsolete. California employers will soon be prohibited in many situations from discriminating against employees for off-duty cannabis use that may show up as non-psychoactive metabolites in a traditional urine drug test.
2. How will this impact my drug testing program?
If you are using a rapid oral fluid drug testing, like OralTox®, there is no impact to your program.
If you are using a specimen that tests for the non-psychoactive metabolite in THC, like urine, then you have some work to do.
In California, effective January 1, 2024 employers are no longer able to take action on a positive drug test that detects non-psychoactive THC metabolites. Employers will want to review and update their drug testing programs and policies to include a specimen that tests for the psychoactive parent drug, like oral fluid.
3. Why would I continue to drug test?
22.5% of people admit to using drugs or alcohol during work hours. If you do not have a drug testing program in place you are at risk to increase onsite accidents and put your employees in harm’s way.
Drug testing programs are critical to maintaining a safe work environment from all potentially impairing substances, not just marijuana. We know that changing marijuana laws can be tricky to keep up with, but that does not mean you should drop all drug testing.
Using an approach that detects recent use is your best choice to help identify impairment. Besides blood, which is not convenient for workplace testing, oral fluid drug testing has the ideal testing window to best correlate to recent use.
The information provided in this article does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on provided here are for general informational purposes only.
4. Can you explain the difference between testing for the parent drug and the metabolite?
A parent compound is the form when a drug is initially ingested or consumed. In the case of marijuana use, THC is the parent compound that elicits a psychoactive effect. As the body eliminates THC, it is changed into other forms which are referred to as metabolites. Traditional urine-based drug testing is based on the detection of these non-psychoactive metabolites in a person’s system. Since California laws will exclude the detection of non-psychoactive cannabis metabolites in most workplace settings, urine drug testing will no longer be an option in most workplace settings.
Effective January 1, 2024, California employers will be prohibited in many situations from discriminating against employees for off-duty cannabis use that may show up as non-psychoactive metabolites in a traditional urine drug test.
On the other hand, oral fluid-based drug testing is based on the detection of the parent drug in cannabis, not the metabolites. Since the new California law effectively prohibits workplace testing for non-psychoactive cannabis metabolites, oral fluid testing is the ideal testing option for employers.
5. Why are THC metabolites listed on the OralTox® package insert? Does this mean I can’t use it for THC testing in California?
Inactive THC metabolites are not present in oral fluid at a level that is detectable by a rapid test. Oral fluid THC testing with OralTox® offers a way for employers to comply with the new laws.
The new law: In some states, employers can't take action on drug test results based on inactive (“non-psychoactive”) THC metabolites that evidence past THC use. Because the psychoactive form of THC (evidencing recent use) is rarely detected in urine, urine is not the ideal choice for recent THC testing. However, when THC is used, the psychoactive form is detectable in oral fluid while the type of THC metabolites used for rapid urine screening are nearly absent (well below detectable limits for rapid screening tests).
Package insert: When there is a presumptive positive result on any kind of screening test, the test may be detecting more than one closely related compound. Because the psychoactive form of THC is the most common form in oral fluid, a presumptive positive THC rapid screening test is likely to be due to psychoactive THC. Typically, inactive THC metabolites are not present in oral fluid at a level that is detectable by a rapid test, such as OralTox®. Confirmatory testing would be required to identify and measure the concentration of the THC form that is present.
6. Where can I find more information or speak with someone about my drug testing program?
https://www.thc-premierbio.com/
The information provided here is not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. This article or website may contain links to other third-party websites. Such links are provided solely for the convenience of the reader, user or browser. Premier does not recommend or endorse the contents of third-party sites.