Screening News Update: New Marijuana Decisions | Tracking Pot | Bullies and Heart Attacks [Video]

About 4 min

Screening News Update: New Marijuana Decisions | Tracking Pot | Bullies and Heart Attacks [Video]

  • EBI Named #1 by HRO Today
  • Two Marijuana Cases Go to the Feds
  • Cannabis -- From Plant to Prescription
  • Bullies Hurt Your Heart


We would like to start off this fresh new year with a thank you to our wonderful customers. Because of you, EBI was recently ranked the #1 Enterprise Background Screener by HRO Today. We have now been on their Baker’s Dozen list 11 times… that’s more than any other screening company in the history of the ranking. This recognition is a testament to not only our amazing EBI family, but to the customers who let us serve them every day and push us to be the very best.

Now on to today’s news…

Two Marijuana Cases Go to the Feds

Two similar court cases get very different outcomes but illustrate why employers need to make careful decisions about their drug policies in states that have legalized medical or recreational marijuana. First, in the case of Carlson v. Charter Communication, LLC, the Ninth Circuit ruled in favor of an employer that fired a Montana medical marijuana user after he had an accident in a company car and tested positive for THC. Earlier in the year, a District Court dismissed the employee’s claim of decriminalization under state law saying the federal Drug-Free Workplace Act (DFWA) preempted the Montana Medical Marijuana Act (MAA). The employee appealed. The Ninth Circuit basically said the decision was right, but the reasoning was wrong. The Appeals Court found that the two laws stand on their own, they do not preclude each other, and they BOTH say it’s ok for an employer to refuse to hire someone who uses medical marijuana.

In the second case, the Bride Brook Nursing & Rehabilitation Center rescinded the plaintiff’s job offer because she legally used medical marijuana to treat PTSD. The company argued that they were making a good faith effort to comply with federal law and maintain a drug-free workplace. But the court says the DFWA does not require drug testing or prohibit federal contractors from employing people who use outside of work. The judge said these zero-tolerance policies went way beyond the requirements of the act. What does this mean for employers? Check with your legal counsel and get ready for an unpredictable year.

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Cannabis -- From Plant to Prescription

Under a new Utah law, the state will track and tag every single medical marijuana plant. A manual system will track every plant until it is 8 inches tall, then it will be tagged and scanned into an electronic system. That tag will follow it through production, whether it’s turned into pills, ointments or oil. The system will also track who buys the product and even who gave them the prescription. The goal is to make sure none of the plants get diverted to the black market.

Bullies Hurt Your Heart

A new study shows that people who are bullied or exposed to violence at work have a higher risk of heart disease, heart attacks and strokes. The study, published in the European Heart Journal, looked at more than 79,000 workers in Denmark and Sweden. At the beginning of the study, 9% said they had been bullied at work, and 13% had experienced violence. The vast majority of the bullying was from co-workers and bosses, while nearly all of the threats of violence came from clients or other people outside the company. Scientists followed the participants for 12 years. Those who had experienced aggression at work were 59% more likely to develop heart disease or end up in the hospital for a heart attack or stroke.

Stay up-to-date on Employment Laws & Regulations with EBI's Screening News Network.