Rhode Island Governor Dan McKee signed a bill legalizing recreational marijuana in the state on May 25, 2022. The new law took effect immediately. Adults age 21 and older now can possess up to an ounce of cannabis, may
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Drug Overdoses in 2021 at Highest Level on Record According to CDC, Driven By Opioids
The Centers for Disease Control and Prevention (CDC) published data on May 11, 2022 concluding that drug overdoses in 2021 reached the highest levels on record. CDC stated that an estimated 107,622 drug overdose deaths occurred in the United States…
U.S. Department Of Justice Issues Guidance Concerning Legal Protections For Individuals Recovering From Opioid Use Disorder
The U.S. Department of Justice (DOJ) published guidance on April 5, 2022 explaining how The Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those who take prescription medications as…
Federal Court Dismisses Disability Discrimination Suit Based on Employee’s CBD Use
A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. Rocchio v. E&B Paving, LLC, and Int’l…
Quest Diagnostics Study Finds Highest Drug Positivity Rate in Twenty Years

According to a new Quest Diagnostic Study analyzing workplace drug test results in 2021, employers saw the highest rate of positive drug test results in twenty years. The study was based on more than 11 million urine, hair and oral…
U.S. Department of Transportation Publishes Proposed Rules For Oral Fluid Drug Testing
The U.S. Department of Transportation (DOT) published in the Federal Register on February 28, 2022 a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT stated that the addition of oral fluid…
Court Dismisses Lawsuit of CBD User Who Tested Positive For Marijuana
A federal court in Pennsylvania dismissed the legal claims asserted by a former employee who tested positive for marijuana on a random drug test and who attributed the test result to CBD use. Lehenky v. Toshiba America Energy Systems Corporation,…
Use of Opioid Medications By Applicant For Forklift Job Was Not Sufficient to Deny Employment Without Individualized Assessment
A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. The court held that there were disputed issues of fact as to whether…
Mississippi Enacts Medical Marijuana Law
Mississippi Governor Tate Reeves signed legislation legalizing medical cannabis on February 2, 2022. Known as the “Mississippi Medical Cannabis Act”, the law permits the use of medical cannabis to treat certain debilitating medical conditions including cancer, Parkinson’s disease, Huntington’s disease,…
DOT Random Drug and Alcohol Testing Rates for 2022
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2022. The random test rates did not change, except for maintenance-of-way workers under the Federal Railway Administration’s regulations.
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2022 Random Drug Testing…