Posted on 01/14/2014 at 03:02 PM by Russell Samson
Readers of Doonesbury and current event watchers
That may explain why some assert that the following provisions applicable to employers are buried: (6) EMPLOYERS, DRIVING, MINORS AND CONTROL OF PROPERTY. (a) Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees. ******** (d) Nothing in this section shall prohibit a person, employer, school, hospital, detention facility, corporation or any other entity who occupies, owns or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property. [Emphasis added.] Employees on a Rocky Mountain high at work in Colorado may find themselves unemployed.
Colorado's state constitution notwithstanding, there are also federal criminal sanctions in place at the present time prohibiting growing, using, possessing, intending to sell and selling marijuana. If Iowa ever legalizes the recreational use of marijuana with the same language Colorado used, private employers in Iowa would still be able to test applicants and employees for marijuana and take action on the basis of confirmed positive test results. Educated employers are aware that marijuana metabolites can remain in the human body for weeks and that drug tests cannot determine exactly when marijuana was ingested. It seems like this is a good time to remind Iowa employers that Iowa's private sector drug testing statute Section 730.5 of the Iowa Code (2013) does require that there be a written policy, which has been provided to every employee subject to testing, and is available for review by employees and prospective employees. The statute is very complex and also requires things like annual training of certain personnel. The New Year is a good time for Iowa's private sector employers who conduct drug testing to review their compliance with Iowa's statute.
The material in this blog is not intended, nor should it be construed or relied upon, as legal advice. Please consult with an attorney if specific legal information is needed.
- Russ Samson
Questions, Contact us today.
The material, whether written or oral (including videos) that is posted on the various blogs of Dickinson Law is not intended, nor should it be construed or relied upon, as legal advice. The opinions expressed in the various blog posting are those of the individual author, they may not reflect the opinions of the firm. Your use of the Dickinson Law blog postings does NOT create an attorney-client relationship between you and Dickinson, Mackaman, Tyler & Hagen, P.C. or any of its attorneys. If specific legal information is needed, please retain and consult with an attorney of your own selection.