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Marijuana Legalization by State.
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Our intent is to make Alabama drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Alabama.
Alabama is a “open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice. However, there may be federal rules to consider that may restrict your program in other ways.
This overview is to introduce you to the nature and history of Alabama’s workplace drug testing rules and to provide a basic understanding of the drug and alcohol compliance issues you may face when testing in this state.
There are currently no known state statutes, regulations, or court decisions that exist in this state. You may be free, within the limits of applicable federal rules, to draft any policy you wish, and to implement whatever testing program makes sense for your company. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.
Q1. Can I still test my employees for for marijuana if I am an employer in Alabama? Yes:
You may discipline a cannabidiol (CBD) patient who tests positive for marijuana.
Answer is “Yes”
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
On April 1, 2014 Governor Bentley signed SB174, known as “Carly’s Law.” This law is very limited and only allows a board-certified neurologist employed at the University of Alabama Birmingham to authorize/prescribed. Note, however, because CBD remains illegal under federal law no physician may “prescribe” it. This law currently has a set repeal date of July 1, 2019.
In May of 2016, Governor Bentley signed “Leni’s Law,” an extension of “Carly’s Law” described above. Leni’s Law extends legal protections, both from criminal and custodial restrictions, to the parents or guardians of a patient that has been prescribed CBD oils by a doctor. Note that CBD continues to be illegal under federal law, so a doctor’s ability to prescribe it to a patient is problematic.
For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.
No known court cases at this time.
No known issues at this time.
No known limitation/actions at this time.