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Medical Marijuana is becoming a reality in North Dakota in the not-so-distant future. An employer’s first place to start, regarding the Medical Marijuana issue, is a solid and consistent policy.

Last week I had the good fortune to meet with Brian Moritz and Shelly Kuntz of Drug & Alcohol Testing Network, LLC (DATN). At DATN, their mission is to “help create a safer workplace.” They fulfill their mission by providing urine, hair, saliva, and breath (alcohol) testing to employers. They help employers by creating customized, regulatory-compliant testing programs for pre-employment, random testing, reasonable suspicion, return to duty, post-accident and follow-up testing.  Brian and Shelly can come to your workplace to administer the tests at no extra charge. They also provide annual Reasonable Suspicion Training to any/all of your employees.

We felt that you would be greatly interested in hearing from the experts themselves.  Here’s what they had to say:

Q: Now that the ND Medical Marijuana law has passed, how should we update our personnel policy?

DATN: The best way to update your policy without totally re-writing it would be to add an addendum to your policy stating your company’s views on Medical Marijuana. Make sure to treat the addendum as you would a full policy, by meeting with your employees, reading through the addendum and having them sign the addendum stating that they understand what the company will do if someone wants to be issued a recommendation for medical marijuana.

Q: Can we treat Marijuana like we do Alcohol?

DATN: No you cannot. Alcohol is a legal substance that can stay in your body for 72-80 hours. Of course it will dissipate from your breath a lot quicker; approximately 1 serving per hour.

Marijuana (medical/recreational), on the other hand, is a federally illegal substance that can stay in your body for up to two months, in some cases longer, because it is stored in your fat cells. If you do not want marijuana in your workplace, be sure to write your policies stating that the THC metabolite (which is the active ingredient that gets you high) will not be allowed.

Q: Who in my company should attend Reasonable Suspicion Training? Who offers training? Do we really need it?

DATN: Anyone in your company that you look upon in a leadership position should attend reasonable suspicion training. Leadership positions should include supervisors, managers, and foremen, as well as owners: they should all know how to spot drug and alcohol use/abuse in the workplace.

The Drug & Alcohol Testing Network offers training right at your workplace. We know that training is important as well as not having to completely stop business for two hours to train.

It is recommended that reasonable suspicion training takes place annually. Reasonable suspicion is based on facts and should be documented correctly so the employee has a fair chance at what they are being accused of.

Q: What should I do if I suspect one of my employees is under the influence of drugs or alcohol?

DATN: Document what you are observing. Consult with another supervisor that has had reasonable suspicion training to determine if the employee in question needs a drug and/or alcohol test. It’s very important to discuss the situation with the employee privately.

Q: Can I employ people that are legally able to use marijuana?

DATN: You can. Make sure that you state in your policy that you are only allowing medical marijuana to those who have recommendations from their therapist and have a valid medical marijuana card.

Q: What if someone under the influence of alcohol or medical marijuana gets into an accident or hurts themselves on the job?

DATN: Definitely do a drug and/or alcohol test following the accident. The problem with medical marijuana is that since it is absorbed by fat cells, there is no way to tell if the employee is under the influence at that time or if they had used their medicine the night prior to working. There are signs that will tell you immediately if someone is under the influence of a substance, you can learn those signs in a reasonable suspicion class. As a reminder, workforce safety will not pay a claim if the employee is under the influence of a substance, even if it is medical marijuana.

Thank you VERY MUCH to Brian and Shelly at Drug & Alcohol Testing Network, LLC! If you would like to learn more about the services offered by DATN, go to: www.drugtestnd.com or call Brian Moritz at 701-527-8441 or Shelly Kuntz at 701-400-1988.

BOOK A FREE CONSULTATION NOW