As discussed in Part One of our series, marijuana is becoming more socially acceptable as it becomes decriminalized and legalized for certain purposes. But on a whole, there hasn’t been a lot of change in drug free workplace policies. One reason for this is that historically there has been no valid, reliable method to test for marijuana down to a specific frame of time and degree of impairment. But that may change soon.

Future Marijuana Testing

Employers, law enforcement, and others charged with public safety are all waiting for someone to invent a standardized test that can indicate whether someone is currently impaired with cannabis. Luckily, there are several companies working to develop such a tool that acts like a breathalyzer does for alcohol. One company, called Cannabix Technologies Inc, are working hard to develop a breath detection device. The tool will help match the level of THC on a person’s breath to what the level is in the blood—allowing for a more accurate window to the time the drug was last used. Cannabix is currently in Beta 3 State on developing this tool and hope to have it finished soon.

Since THC is stored in fat cells and can remain in your body for over 30 days, having a type of breathalyzer would likely be the most reliable method to determine recent use and degree of impairment. Urine levels of THC do not correlate with acute impairment.

Medicinal Marijuana and Coverage

With marijuana being more accepted and used for health-related reasons, one would think that health insurance plans would reimburse the cost associated with medicinal use. But this largely not happening—and likely never will. In fact, there are only five states that even allow reimbursement for medicinal marijuana.The reason that health plans aren’t covering the cost of cannabis is because it lacks any FDA approval. If a drug is not approved by the FDA, most health insurance providers –including Medicaid and Medicare—do not have to cover it.There is also a lack of clinical research to support medicinal value of marijuana.

The state of Georgia offers workers compensations insurance significant discounts to a workplace that certifies as drug-free. Under O.C.G.A. § 16-12-191, Georgia allows the use of medical marijuana in the form of cannabis oils. But the THC level must be below 5% and at least equal Cannabidiol. It can also only be prescribed for specific conditions including seizure disorders, Crohn’s disease, mitochondrial disease, severe or end-stage ALS, multiple sclerosis, Parkinson’s disease, and sickle cell disease.

While workers’ comp in Georgia is a ‘no fault’ system, Georgia law also states that if someone is under the influence of alcohol or drugs at the time of the accident, they will not be reimbursed. Which goes to show how important the development of a reliable marijuana detecting tool is to everyone involved.  

If one thing stands out from the legalization of marijuana, it’s that there is a very uncertain regulatory scheme in place and that employers need to review the state laws and their own drug-use and drug testing policies to make sure expectations regarding impairment are clearly explained and understood by workers. Also, key is the development and adoption of a standardized to measure marijuana impairment is vital to the success of legalized marijuana. As of now, it is unlikely medical marijuana will be a treatment option of compensable claim in Georgia—especially while it remains DEA enforced Schedule I drug and lacks FDA approval.