2. NCI – Nursing Corps Presented by: Andrew Powell NCI - Nursing Corps 740.266.6344

3. On-site Medical Provider (First-Aid) for 26+ years 60,000 + drug tests per year Board of Directors Drug and Alcohol Testing Industry Association (DATIA) past 15 years Expert Witness Testimony Certified Collector MRO Assistant Background

4. Illegal Under Federal Law DEA – Schedule 1 Drug Reaffirmed – 8/11/16 DOT Says NO! State Laws Vary Safety Sensitive – Trump Card Medicinal vs. Recreational Marijuana in the Workplace

5. THC vs. CBD THC Psychoactive Properties Provokes Anxiety / Paranoia Long-term Adverse Memory and Learning effects May help with sleep Pain relief in some Typically smoked CBD Anti-psychotic properties Anti-anxiety properties Pain relief in some Anti-inflammatory Anti-convulsion effect Oil

6. THC: Psychoactive Ingredient

7. Potency - last 5 years in CO

8. No 2 States have identical laws – All States allow Lab based Urine Drug Testing Minnesota – One of the most restrictive States – Periodic (Annual) Drug Testing permitted with 2 weeks written notice – Random Testing only on safety sensitive or professional athletes – Rehab MUST be offered to first time positives – May offer protections against positive medicinal marijuana drug tests Iowa Positive Consequences – Can not terminate for first positive alcohol test WC & UE – typically must show impairment State Drug Testing Laws and Compliance

9. Most States don’t address drug testing – Courts have typically been employer friendly – Illinois – rare state to even mention drug testing Minnesota – may offer protections to medicinal marijuana users, including safety sensitive New Mexico – WC pays for medical marijuana – Courts upheld 3 times in past 2 years – Medical marijuana employee no accommodation Colorado, Michigan, Montana, Oregon & Vermont specifically prohibit payment under WC Medical Marijuana in Workplace

10. Medical Marijuana & Workers’ Comp Medical marijuana and state laws – State laws that prohibit refusal to hire an individual based on their status as a marijuana patient Arizona, Connecticut, Delaware, Maine, Rhode Island – Positive drug test is not sufficient to terminate an employee. Employee must be in possession of the drug or impaired by it while on the employer’s premises during work hours Arizona and Delaware – Registered, qualified medical marijuana patients are not considered to be operating a vehicle under the influence solely because of the presence of marijuana in the employee’s system Rhode Island and Delaware

11. States with Medical Marijuana Laws 1.Alaska 2.Arizona 3.California 4.Colorado 5.Connecticut 6.Delaware 7.District of Columbia 8.Hawaii 9.Illinois 10.Maine 11.Maryland 12.Massachusetts 13.Michigan 14.Minnesota 15.Montana 16.Nevada 17.New Hampshire 18.New Jersey 19.New Mexico 20.New York 21.Ohio 22.Oregon 23.Pennsylvania 24.Rhode Island 25.Vermont 26.Washington

12. States with Cannabidiol (CBD) Laws 1.Alabama 2.Delaware 3.Florida 4.Georgia 5.Iowa 6.Kentucky 7.Mississippi 8.Missouri 9.North Carolina 10.Oklahoma 11.South Carolina 12.Tennessee 13.Texas 14.Utah 15.Virginia 16.Wisconsin

13. States with Recreational Marijuana Laws Alaska Colorado Oregon Washington

15. States with Recreational Marijuana on Ballots 1.Arizona 2.California 3.Maine 4.Massachusetts 5.Nevada

16. States with Medicinal Marijuana on Ballots 1.Arkansas 2.Florida 3.Montana 4.North Dakota Potential Ballot States 1.Michigan 2.Missouri 3.Oklahoma

17. Presence vs Impairment Per Se Laws Impairment may last long after euphoric feeling dissipates Training is essential – both employee and supervisors (Impairment & Reasonable Suspicion)

18. Conclusion Drug-Free Workplace Policies Remain Valid – UPDATE POLICIES Educate Employees on DFWP Carefully Consider the Marijuana Cardholder Marijuana Use in the Workplace Is Not a Disability Accommodation

19. Questions?

20. THE END NCI -Nursing Corps Medical Provider to Construction 888.269.6344