MTAC submits testimony on legalization of recreational marijuana

This week, MTAC President Joe Sculley submitted testimony in response to a bill that would legalize recreational marijuana. The bill included some important references to drug testing in federal law, which MTAC had sought. The references mainly deal with an exception to a prohibition on using drug screening as a condition to employment. They are:…

marijuana leaf with gavel

This week, MTAC President Joe Sculley submitted testimony in response to a bill that would legalize recreational marijuana. The bill included some important references to drug testing in federal law, which MTAC had sought. The references mainly deal with an exception to a prohibition on using drug screening as a condition to employment. They are:

Exceptions where employers may use drug screening as a condition of employment

  • Where it is lawful pursuant to federal law.
  • Where required by regulations of the federal Dept. of Transportation, if such regulation requires testing of a prospective employee in accordance with 49 CFR 40 or any regulation of Connecticut state agencies that adopts a federal regulation for purposes of enforcing the requirements of such regulation with respect to intrastate commerce.
  • Where any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer requires the drug testing of prospective employees as a condition of receiving the contract or grant.
  • Where a federal or state statute, regulation or order requires drug testing of prospective employees for safety or security purposes.
  • Where the prospective employer is a party to a valid collective bargaining agreement that specifically addresses pre-employment drug testing of such applicants.
  • Where the employee/prospective employee is or is applying for a position as a:
    • An employee required to operate a motor vehicle for which federal or state law requires such employees to submit to screening including but not limited to positions requiring a CDL.

Joe Sculley’s complete testimony is available as a downloadable PDF.

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