b'Photo by Matthew Brodeur on UnsplashFOGHORN FOCUSMarijuana Law and TestingCONTINUES TO EVOLVEBY MARK MEEKER // ASSISTANT GENERAL COUNSEL FOR AMERICAN MARITIME SAFETY, INC.,A mericansprinterShaCarriRichardsontestedpositiveforConcurrently,thechemicalcompoundswithinmarijuana,known marijuana. It is fully legal in Oregon where she smoked it, butas cannabinoids, are increasingly available, too. When the 2018 Farm her positive test result violated the World Anti-Doping AgencysBill legalized hemp-based products, companies suddenly had a legal policy and it cost her a trip to the Olympics. source for cannabinoids such as cannabidiol, known as CBD, which has been credited with relieving pain, infl ammation, anxiety, insomnia, Similarly, a mariner might test positive after using marijuana in oneand certain epileptic seizures. As a result, the market was fl ooded with ofthe19statesthathavelegalizedrecreationalmarijuana,butthatCBD products, prompting a warning from Secretary Richard Spencer positive test result violates the U.S. Coastof the U.S. Navy that It is possible to Guard regulations and will likely cost thetestpositiveforTHConaurinalysis mariner his or her license and/or merchant36 states have legalizedbyusingaCBDorhempproduct mariner document. medical marijuana. FromEventraceamountsofTHCcan accumulate in the body and be detected Underfederallaw,marijuanaislistedtime-to-time, federalinaurinalysisscreening.NASA asaSchedule1drugwithnocurrentlyissued a similar warning: There are no accepted medical use and a high potentiallegislation is introducedstandards governing the manufacturing forabuse.Thus,asfarasUncleSamisto change marijuanasofproductscontainingCBDsThe concerned, there is no recognized excuselack of standards means there are CBD fortetrahydrocannabinol(THC),theSchedule 1 status, and thebeing marketed that contain a sufficient mainpsychoactivecompoundfoundinlatest is a bill titled, ThelevelofTHCtocauseapositivetest marijuana, to be found in donors bodies.result. With respect to marijuana, the It does not matter where those donors live,Cannabis AdministrationDepartment of Transportation (DOT) where they used the marijuana, or if theyhasinstructedmedicalreviewofficers have a medical marijuana prescription. Ifand Opportunity Act. thattheyarenotpermittedtoaccept mariners test positive, they will be subjectstate-legalizedrecreationaluse,state-to a U.S. Cost Guard enforcement action. In order to recover his/herauthorized medical use, or alleged CBD contamination as a defense for license or document, a mariner will have to complete the rehabilitationa marijuana positive.program prescribed by a substance abuse professional and submit to individualized testing. While marijuanas federal Schedule 1 status means that the testing of DOT-regulated employees remains unchanged, changes in state law can In addition to recreational marijuana, 36 states have legalized medicalcomplicate an employers testing program as it relates to employees who marijuana. From time-to-time, federal legislation is introduced to changeare not subject to DOT regulations. Depending on the jurisdictions in marijuanas Schedule 1 status, and the latest is a bill titled, The Cannabiswhich a maritime employer operates, the employer may be required to Administration and Opportunity Act. To our north, Canada legalizeddevelop workplace policies that discriminate between shipboard and non-recreational marijuana nationwide in October 2018, and to our south,shipboard employees with respect to marijuana use. A growing number MexicosSupremeCourtdecriminalizedrecreationalmarijuanaonof states have determined that marijuanas federal Schedule 1 status does June 28, 2021. not bar an employment discrimination claim if the conduct in question is FOGHORN FOCUS: SAFETY 18 FOGHORN'