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Marijuana Legalization by State.
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Our intent is to make Utah drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state.
Utah 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 Utah 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.
This state has no known statutes restricting workplace drug or alcohol testing, and no known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions 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 business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.
Employers may not refuse to hire, terminate, or take adverse employment action against a person solely because they are a medical marijuana cardholder. Employers can still drug test for this drug and have a zero-tolerance policy for cannabis use.
Q1. Can I do a random testing for my employees in Utah? Yes:
Answer is “Yes”
There are no limitations for drug and alcohol testing in Utah.
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.
Medical Use: On March 21, 2014, Governor Herbert signed H.B. 105 into law establishing the Utah Industrial Hemp Research Act and Hemp Extract Registration Act commonly known as “Charlee’s Law” related to cannabidiol (CBD) use in Utah. Under this law, the CBD must contain less than 0.3% tetrahydrocannabinol (THC), the psychoactive ingredient in the cannabis plant commonly known as marijuana. Possession of the substance is available to a very limited number of residents of Utah with “intractable epilepsy” and “exempts” those qualified to possess the CBD from penalties under the Controlled Substances Act.
Personal Use: Utah does not currently have a personal use law for marijuana.
For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.
No known court cases at this time.