Many Nebraska employers are wondering how the changes in the medical marijuana law will affect their medical marijuana workplace policy. It’s understandable to be concerned that the new laws will compromise workplace safety or add legal liabilities due to the conflict between state and federal regulations. ARCpoint Labs of Omaha is a knowledgeable testing partner that helps employers stay informed and compliant with evolving drug laws through educational articles, not legal advice.
What Nebraska’s Medical Marijuana Law Changes, and What It Doesn’t
There are many questions that employers are asking themselves regarding this law change. Is marijuana legal in Nebraska? Is weed legal in Nebraska? Is Delta-9 legal in Nebraska? Is medical marijuana legal in Nebraska? These questions are important to employers because the answers could affect their medical marijuana employer drug testing efforts in Nebraska.
Recreational marijuana or weed for the masses is not legal in Nebraska, while Delta-9 THC has been legal since 2019. The Nebraska medical marijuana law has made it legal for those who have a written recommendation from a health care practitioner to use medical marijuana. Now, can employers test for marijuana in Nebraska? The answer is yes.
These changes conflict with federal law, which considers marijuana to have no accepted medical use. This conflict requires employers obligated to follow federal regulations because they have federal contracts or operate in safety-sensitive industries to conduct medical marijuana drug testing, regardless of Nebraska’s law. They will be expected to maintain strict, zero-tolerance drug policies regardless of state-level marijuana law changes.
Substances Employers Commonly Continue to Test For
Nebraska marijuana law employer testing still continues for substances that can impair employees while at work, including marijuana.
Marijuana (THC)
Research has shown that marijuana causes an altered perception of time and distance, slow reaction times, and decreased coordination. Employers in safety-sensitive industries have an obligation to make sure that employees who use marijuana do not create safety hazards for other employees or the public. Nebraska medical marijuana and drug testing will have to be a priority in these types of industries.
Cocaine, Opiates, Amphetamines & PCP
A standard 5-panel drug test is generally used for workplace safety and will detect the presence of these drugs and marijuana. If the misuse of prescription pain medication is a concern, a 5-panel + expanded opiates can be conducted. A 10-panel test can also detect the standard five substances, plus five additional classes.
DOT-Regulated Testing Requirements
The Department of Transportation (DOT) is an example of an organization that must continue to follow federal standards regardless of state-level changes. It’s important they continue the 5-panel testing to not only comply with federal laws, but also to identify drug use in positions where impairment poses a high risk to public safety.
Why Employers Should Review and Update Workplace Drug Policies
When evaluating federal workplace drug testing laws, Nebraska marijuana law changes don’t apply. So drug policies should be updated to reflect this. Employees should be made aware that they can still be tested, and if tests for marijuana are positive, the employee can be removed from safety-sensitive positions or even disciplined. However, if roles are not particularly safety-sensitive and the organization is not obligated to follow federal regulations regarding marijuana use, zero-tolerance policies for marijuana may not be necessary, and standards to accommodate medical use may be able to be put in place.
Partner with ARCpoint Labs of Omaha for Workplace Drug Testing Support
ARCpoint Labs of Omaha stays current with regulatory changes and helps employers confidently navigate drug testing program adjustments. Employers can rely on us for guidance on updating testing panels, maintaining DOT compliance, and ensuring workplace safety. Schedule an appointment with ARCpoint Labs of Omaha, a reliable resource for accurate testing and regulatory awareness.
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