Through a notice published last month, the U.S. Department of Transportation (“DOT”) is suggesting a new testing policy that could have an impact on cannabis users who use the drug while off duty. The federal transportation agency is looking to adopt saliva sampling in its tests in a bid to reduce false positives.
Currently, the DOT relies on urine testing to determine impairment in a user. This method is controversial because it is invasive as workers are forced to urinate in a jar. Nevertheless, it tends to come up with a false positive as THC metabolites used to determine impairment can be present in a person’s urine for months after use. According to the DOT, the use of saliva tests will reduce cheating found in testing of urine samples as well as being economical and less invasive.
Last year, another federal agency received criticism for its proposal that would permit certain employers to collect samples of their workers’ hair for drug testing. The move was called out that it would have disproportionately affected people of color.
The use of oral tests could prevent casual users from getting in trouble for the indulgence weeks later because of a urine test. Regardless of the frequency of intake, THC can be detected in saliva from as early as one hour to one day after use.
The proposal uses research from the U.S. Department of Health and Human Services (“HHS”) to eliminate positive findings that are a result of passive exposure. It mentions that the screening test cut-off for THC is four nanograms per milliliter. This initiative has been well received by advocates, who have praised the effort being put into reducing the number of false positives in comparison to urine tests.
According to Dale Gieringer, director of the Californian chapter of NORML, oral testing may not be flawless, but it is a big shift from the urine tests. It is now possible for workers, especially those in safety-sensitive jobs, to indulge in marijuana during the weekend. Moreover, the oral tests are less intrusive into a worker’s dignity. The director says that it is unlikely that the government will drop all forms of cannabis testing because it is a scheduled substance.
Meanwhile, the federal transportation agency is open to public opinion on the policy change up until March 30, 2022. The notice was posted on the Federal Register, and it comes days after the Illinois House of Representatives passed a bill to prevent workers from being fired because of off-duty use of cannabis. At the same time, a Washington, DC, council committee authorized workplaces to stop subjecting job applicants to marijuana testing.
As workplace testing rules evolve in tandem with scientific information about the same, many more people are likely to consume medicinal marijuana products manufactured by companies such as Flora Growth Corp. (NASDAQ: FLGC) since the risk of being victimized at work for off-duty consumption will have lessened significantly.
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