Testing positive for marijuana is not a violation in many states. Currently, thirty-three states and Washington D.C. permit recreational or medical marijuana use. This however can cause problems for employers in the workplace.

Existing drug tests detect marijuana levels between three and thirty days old. The new “breathalyzer” for marijuana is a groundbreaking test that will measure the amount of Tetrahydrocannabinol (THC), the psychoactive drug in marijuana, in an individual’s breath. Two products are currently in the works; Hound Labs test is set for release in the summer of 2020 and the University of Pittsburgh which is still in the testing phase.

According to Doug Boxer, Hound Lab’s chief of policy and strategic partnerships, research suggests individuals are most impaired within the first two to three hours of use. “The thing that’s groundbreaking about this test is it can distinguish recent use from historic use,” Mr. Boxer said.

Along with the excitement of this innovative test, comes two challenges. First is the lack of legal standard for marijuana “impairment” and second how does the employer know if the amounts detected by the test are causing impairment. For now, the decision is left in the hands of the employer. This could potentially put the owner at risk of a lawsuit if they violate the state’s disability act.  

Looking for drug screening? Click here.

We recognize that with the constantly changing COVID-19 situation around the world, this is an unprecedented time for everyone — a time that, for many, is filled with uncertainty. Our hearts and thoughts go out to each and every one of you.

Our doors are open. I want you to know you have our commitment to continue providing you with the background screening services you depend on. Our senior leadership team remains vigilant and is monitoring the situation and will respond rapidly as changes in the industry and its access evolve.

Take a deep breath. We have heard it’s good for your mind as well as your lungs! For the most part it will be business as usual at National Background Investigations. Remember, this too shall pass.

Please be safe and stay healthy. Take care of yourselves and each other.

Best regards,

Ilene S. Ingber, Chief Executive Officer
National Background Investigations, Inc.