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The Drug Test-Free Workplace: 7 Occupations That Don't Require You to Pee in a Bottle to Get Hired [FEATURE]

Widespread workplace drug testing—a uniquely American phenomenon—has generated controversy ever since Ronald Reagan pushed hard for it back in the 1980s. On the one hand, opponents see it as an invasion of workers' privacy protections; on the other, advocates believe it is the best means of preventing injuries that might occur when a worker is intoxicated.

Although workplace drug testing was rare prior to Reagan, 56% of all employers now require pre-employment drug tests, according to Statistic Brain. Some of this is mandated by law: Truck drivers, airline pilots and some other public transport positions face federal drug-testing requirements. But much pre-employment drug testing and random, suspicionless drug testing is not required by law; it is instead the employers' choice.

High levels of drug testing are to be found in industries such as health care, heavy manufacturing and construction, where being impaired on the job can lead to loss of life or limb or endanger the health and well-being of others. But drug testing is also popular in industries with no such apparent risk, such as retail. Whether that guy at the camera counter at Walmart smoked a joint over the weekend probably has no discernible impact on public safety.

Speaking of smoking joints, marijuana is by far the most commonly used illicit drug (though it's now legal in nine states). Positive workplace drug tests for marijuana are on the rise, reflecting broader popular acceptance of the drug, which is also leading some companies to quit testing for pot. In a low unemployment economy, employers may be increasingly reluctant to lose potential workers over a positive test for marijuana.

And some potential workers are reluctant to seek employment at places that are going to subject them to drug testing. Fortunately for them, there are some economic sectors where facing a pre-employment or random at-work drug test is not a real risk—in fact, it's a rarity. But most of these jobs require a university degree. Like so many things in America, drug testing is a class thing.

That said, if you want to work in a field where you don't have to worry about peeing in a bottle to get or keep a job, here, thanks to Insider Monkey, are some options.

1. Management Positions

These relatively well-paying professional gigs tend to have drug testing levels approaching absolute zero. On the high end, if you can call it that, were general managers (1.8%) and project managers (1.6%), but office managers, business managers, and retail managers all came in under 1%, with event managers besting them all at a minuscule 0.01%. Average pay for these positions ranged from the mid-40s for retail and office managers to more than $70,000 for project managers. Ironically, the administrative assistant position, which can be an excellent entry-level job for people seeking careers as managers, is more likely to be subject to drug testing than any managerial position. Still, it's only 1.9% of administrative assistants.

2. Personal Services

You're not going to get rich in these jobs, but you're not likely to get drug tested, either. Because of the transient nature of jobs in these careers or because many people in these fields are self-employed, gig economy workers just don't get that drug test scrutiny. Cosmetologists, hairstylists and fitness trainers all face testing less than 1% of the time, while pet groomers and massage therapists come in under 3%. These jobs have median pay ranging from around $25,000 to $30,000.

3. Information Technology

These are the fields that are stereotypically the domain of the nerdy stoner. You wouldn't expect employers in the industry to turn down a budding genius because he gets high at home, and you would be right. Only 3% of web designers and IT consultants face the empty cup, and fewer than 3% of Java developers and front-end developers do. While not quite as drug testing-free as cosmetologists or pet groomers, IT workers make a lot more money. On the low end, web designers are pulling in a median $48,000, while pay is around $70,000 for the other positions listed.

4. Marketing

Those bright, shiny people trying to make us buy stuff are also largely exempt from drug testing, especially on the bottom rungs. Only 0.3% of marketing assistants are subject to pre-employment drug screens, and only 3.8% of marketing coordinators. The former positions average $36,000 a year, while the latter average $41,500.

5. Real Estate, Insurance and Financial Services

These white-collar jobs are all unlikely to see drug testing requirements. Fewer than 3% of loan processors and insurance agents face the prospect of peeing in a cup to win a job, while a minuscule 0.5% of real estate agents do. Real estate agents are also the highest paid in this group, averaging $47,000, while both loan processors and insurance agents come in at under $40,000.

6. Bartender

People whose job it is to mix and sell legal psychoactive substances are very unlikely to be tested for illegal ones. With only 3.2% of employers demanding pre-employment drug tests, bartenders are the least likely of restaurant and bar workers to be tested. Chefs face testing at a rate of 6.2%, while 4% of hostesses are likely to face it. The median salary for bartenders is $29,240.

7. Creative White Collar

Neither graphic designers nor copywriters are likely to face a pre-employment drug test. A big reason is that many of these are freelance gigs: No boss = no drug test. But even when working for employers, drug testing is unlikely in these fields. Copywriters came in at 3.2%, while graphic designers were at 3.9%.

Chronicle AM: No Legal Pot Sales Init for DC, DPA Drug Decrim Portugal Trip Coming, More... (3/8/18)

DC can't have pot shops, California pot shops better get a license, Democratic contenders for statewide office in the Midwest are hopping on the marijuana bandwagon, a Brazilian prosecutor's attempt to go after a prominent marijuana scientist for "inciting drug crime" is creating a backlash, and more.

A move to let DC residents vote on allowing legal marijuana sales just hit a major roadblock. (Wikimedia)
Marijuana Policy

California Regulator Warns 900 Unlicensed Pot Shops to Get Licenses. Lori Ajax, head of the state Bureau of Cannabis Control, has sent warning letters to some 900 pot shops suspected of operating without state licenses. Violations of state law could result in criminal, civil, or administrative penalties. She also sent a cease-and-desist notice to the marijuana-location service Weedmaps telling it to stop accepting advertising from sellers that lack a permit. "Your website contains advertisements from persons offering cannabis and cannabis products for sale that are not licensed to conduct commercial cannabis activity; therefore, you are aiding and abetting in violations of state cannabis laws," Ajax wrote.

District of Columbia Blocks Local Legal Marijuana Sales Initiative. The DC Board of Elections on Wednesday disallowed a proposed voter initiative that would have legalized marijuana sales and directed 40% of resulting tax revenues to black residents. The board said allowing the initiative on the ballot would violate city law, as well as a congressional ban on taking any additional steps to lower marijuana penalties. DC law does not allow initiatives to appropriate funds, and Congress acted in 2014 to bar the city from taking any additional steps to legalize or regulate marijuana. Voters approved the legalization of possession and personal cultivation in 2014. 

Michigan's Democratic Attorney General Contenders Both Say Legalize It. Pat Miles, a former federal prosecutor seeking the Democratic Party nomination for attorney general, has announced he now supports marijuana legalization: "After careful consideration, and dialogue with activists and voters across the state, I've decided to take a stronger stance on marijuana legalization," he said. "While I've said so far that this issue is up to the voters of Michigan, which it most certainly is, I've reviewed the language of the ballot initiative to regulate marijuana like alcohol, and find it to be very thoughtful and well-written, and I support it." His main rival for the Democratic nomination, lawyer and former Wayne County assistant prosecutor Dana Nessel, already supported the legalization and regulation of marijuana.

Ohio Democratic Gubernatorial Contender Kucinich Says Legalize It. Former Cleveland mayor and US representative Dennis Kucinich, who is seeking the Democratic gubernatorial nomination, unveiled a sweeping plan to legalize marijuana on Wednesday. He called for full legalization for adults, as well as allowing medical marijuana patients to grow their own, and legalizing the production of industrial hemp. Kucinich's main contender in the race, Richard Cordray, has said legalization should be left up to the voters, while two other leading candidates, former state Supreme Court Justice Bill O'Neill and State Sen. Joe Schiavioni, both also support legalization.

Medical Marijuana

Kentucky Medical Marijuana Bill Dies. Hopes for medical marijuana this legislative session were dashed Wednesday as the House Judiciary Committee voted 14-4 to "pass over" House Bill 166. That means the bill will not be voted on until some unspecified later date, but is typically a maneuver to bury bills for the rest of the session.

Maryland House Approves Adding More Grower, Processor Licenses. The House of Delegates on Thursday approved a bill that would increase the number of licenses for medical marijuana growers from 15 to 20 and the number of licenses for processors from 15 to 25—largely in a bid to increase minority business ownership in the industry. None of the companies licensed so far has a black owner. House Bill 0002 now heads to the Senate.

Heroin and Prescription Opioids

West Virginia Legislature Kills Plan to Make Firms Report Opioid Sales. The House on Wednesday killed an amendment to an opioid bill that would have required pharmaceutical manufacturers and distributors to report the number of prescription pain relievers they shipped into the state. The amendment was offered to Senate Bill 273, which aims to curb the number of opioids prescribed in the state. That bill now awaits a final House floor vote.

Drug Testing

Rasmussen Poll Has Majority Support for Pre-Employment Drug Tests. A new Rasmussen Reports poll has 61% of respondents agreeing that drug testing should be required for applicants for all or most jobs. The poll was in response to recent news reports of a decline in pre-employment drug testing in some states due to marijuana legalization and a tighter job market. Rasmussen is often described as leaning conservative, so this number may be higher than other pollsters would report, but other pollsters haven't been asking this question.


Brazil's Most Prominent Marijuana Researcher Gets Targeted By Police, Protests Erupt. Veteran marijuana researcher Elisaldo Carlini, a retired professor of psychopharmacology, is under investigation for "suspicion of inciting drug crime" after a prosecutor in Sao Paulo said she saw "in theory, strong hints of incitement" in a symposium on marijuana he organized last year. He has not yet been arrested, but the investigation led to a March 1 demonstration by university students and staff to support Carlini and academic freedom. More than 50 scientific societies worldwide have signed a petition supporting him, as have 28,000 who signed on to a petition organized by the Brazilian Academy for the Advancement of Science. "In more than 60 years of an academic career, I had never been questioned by law agents — until last month," said Carlini. He said that last year’s meeting was scientific in nature and had nothing to do with inciting people to take drugs. "It’s a Kafkian situation. I wonder what they think an old man can do with marijuana."

US Delegation Heads to Portugal to Learn From Country’s Groundbreaking Drug Decriminalization Policy. A delegation of people organized by the Drug Policy Alliance who have been hit hardest by the U.S. war on drugs – from those who have been incarcerated for drug offenses to those who have lost loved ones to an overdose – are heading to Portugal March 19 – 21 to investigate the results of Portugal's nearly two-decade long experience with drug decriminalization and how those lessons might be applied here. Over 70 participants will be arriving from New York, Chicago, Los Angeles, San Francisco, North Carolina and other cities across the country, including representatives of more than 35 organizations and several media outlets that have been dedicated to covering the drug war and mass incarceration. Along for the ride will be yours truly and executive director David Borden.

(This article was prepared by's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Good IL, MI Pot Polls, Denver Psilocybin Initiative, ACLU Targets DAs, More... (3/6/18)

Pot polls in a pair of key Midwest states are looking good, the ACLU seeks to influence district attorney races around the nation,  a Denver magic mushroom initiative is getting underway, and more.

Marijuana Policy

Illinois Poll Has Strong Support for Marijuana Legalization. A new Paul Simon Public Policy Institute poll has support for marijuana legalization at 66%, with only 32% opposed. The poll comes as a measure to hold a non-binding public referendum on legalization moves through the legislature.

Michigan Poll Has Strong Support for Marijuana Legalization. A new EPIC-MRA poll has support for a pending marijuana legalization initiative at 61%. The initiative campaign has already handed in some 365,000 signatures; it only needs 252,253 valid voter signatures to qualify for the November ballot. State officials have been counting signatures since November, but it remains unclear when they will decide the measure has qualified for the ballot or not.

Nevada Gambling Regulators Reject Ties to Marijuana Businesses. The state's Gaming Policy Committee has recommended that the gambling industry not have any business relationship wit marijuana distributors. That recommendation reflects existing policy, but the issue came up again after the state legalized weed in 2016.

New Jersey Marijuana Legalization Hearing Reveals Deep Splits. The Assembly Oversight, Refom and Federal Relations Committee heard from dozens of witnesses for and against marijuana legalization during a day-long hearing Monday. The hearing was the legislature's first step toward addressing legalization this session. Even though Gov. Phil Murphy (D) supports legalization, there was no consensus emerging from the hearing and no vote taken.

Rhode Island Report on Marijuana Legalization Released. Advocacy groups the Marijuana Policy Project and Regulate Rhode Island have released a report on legalization in the state: "How should Rhode Island legalize marijuana: Asking the right questions." The 42-page document features detailed discussion of different models for regulating marijuana for adults based on other states’ experiences and urges policymakers to consider the benefits and costs of various approaches.

Albuquerque City Council Files Bill to Decriminalize Marijuana Possession. Albuquerque City Council members Pat Davis and Isaac Benton have filed a new bill to remove criminal sanctions pertaining to possession of marijuana and marijuana paraphernalia from the city’s municipal codes. The proposed ordinance makes one ounce or less of marijuana and possession of drug paraphernalia a civil infraction with a fine of $25. A civil infraction is not considered a criminal conviction. The ordinance also takes away the potential for jail time. Currently, a person can spend more than two weeks in jail for a first offense and 90 days for a subsequent offense.

Medical Marijuana

<Idaho Senate Panel Kills Bill Allowing Use of CBD. A last-ditch effort to pass a CBD medical marijuana bill, House Bill 577, was derailed Monday amidst legislative turmoil. Sen. Tony Potts (R) accused the Republican legislative leadership of blocking action on the bill and asked Senate Health and Welfare Committee Chair Lee Heider (R) to allow a vote. That didn't happen; instead the committee approved a motion to keep the bill in committee, killing it for the year.Pennsylvania Dispensaries Facing Product Shortages. Medical marijuana dispensaries are already running out of supply less than two weeks after sales began in the state. The main reason is that only one of the state's 12 licensed growers is actually shipping product. The other reason is unexpected demand.


Denver Magic Mushroom Decriminalization Initiative Getting Underway. A group calling itself Coloradans for Psilocybin has met with Denver officials about putting an initiative on the municipal ballot that would decriminalize psilocybin possession and make it law enforcement's lowest priority. Anyone caught with less than two pounds of magic mushrooms would face only a $99 ticket. The group says it will have an initiative cleared for signature gathering soon.

Drug Testing

Faced With Legal Weed, Full Employment, Employee Drug Testing is Declining Pre-employment drug testing is in decline in the face of spreading marijuana legalization and a tightening job market. The change is most evident in pot-legal states, such as Colorado, where the number of companies doing the tests declined from 77% last year to 66% now. "The benefits of at least reconsidering the drug policy on behalf of an employer would be pretty high," said Jeremy Kidd, a professor at Mercer Law School, who wrote a paper on the economics of workplace drug testing. "A blanket prohibition can't possibly be the most economically efficient policy" he told McClatchy.

Law Enforcement

ACLU Using Soros Money to Target District Attorney Races. Backed by millions of dollars from financier George Soros's Open Society Foundations, the ACLU is making a major play to influence local prosecutor races around the country. The group is planning voter education and outreach campaigns in district attorney races in California, Florida, Maine, Massachusetts, Minnesota, Oklahoma, Oregon, Vermont and possibly North Carolina and Missouri. The ACLU says it will focus on big cities with large jail populations in what it's calling its Campaign for Smart Justice. The ACLU doesn't endorse candidates, but says its goal is to raise awareness of criminal justice issues.

Chronicle AM: Trump Wants to Execute Drug Dealers Again, USSC Pick is Hardliner, More.... (2/2/18)

The president goes public with previously only privately uttered remarks about wanting to execute drug dealers, one of his picks for the Sentencing Commission is horrid, and more.

Trump talks tough on drug dealers, but his Sentencing Commission pick may be a more serious threat. (Gage Skidmore/Wikimedia)
Marijuana Policy

Rhode Island Marijuana Legalization Commission Delays Report. A commission of lawmakers, medical marijuana patients, health providers, and law enforcement that was supposed to release its findings on March 1 didn't do so—and it won't do so this year. Instead, lawmakers are proposing a bill, House Joint Resolution 7529, to extend the commission's work for another year, with a report due out next February. While legalization at the state house was unlikely this year, now it's even more unlikely, although not impossible.

Medical Marijuana

West Virginia House Passes Medical Marijuana Expansion Bill. The House of Delegates on Wednesday approved House Bill 4345, which will increase the number of growers, processors, and dispensaries that can operate in the state. The bill also allows businesses to operate in all three sectors and allows patients to preregister before the anticipated July 2019 rollout. The bill does not include allowing the use of raw marijuana, but that could be added as an amendment in the Senate.

Drug Testing

Vermont House Approves Saliva Drug Testing for Drivers. The House on Friday gave preliminary approval to House Bill 237, which would allow police to drug test saliva during traffic stops. Approval came after an amendment to require that the accuracy of the devices be verified by at least two peer-reviewed studies. Under the bill, test results alone would not lead to arrest or conviction, but impairment would be determined by police. Some lawmakers said that because the saliva tests can detect metabolites for up to 30 days, unimpaired drivers could find themselves charged with drugged driving.

Law Enforcement

President Trump Comes Out and Almost Says It: Drug Dealers Should Be Executed. Reports earlier this week had the president privately calling for the execution of drug dealers, but he went on the record at the White House meeting on opioid policy Thursday. "Some countries have a very, very tough penalty. The ultimate penalty," he said. "And by the way they have much less of a drug problem than we do. So we’re going to have to be very strong on penalties. We have pushers and we have drug dealers that kill hundreds and hundreds of people and most of them don't even go to jail," he said. "If you shoot one person, they give you life, they give you the death penalty. These people [who sell drugs] can kill 2,000, 3,000 people and nothing happens to them."


One Trump Sentencing Commission Nominee Really Likes Imprisoning People. President Trump nominated five people to the US Sentencing Commission Thursday, and one of them is an absolute sentencing hardliner. Nominee Bill Otis, "a prominent pro-prosecution crusader" who "passionately defends the same law-and-order policies that created our current crisis of mass incarceration," according to Slate, which provides a comprehensive listing of his anti-reform positions and activities. "It’s easy to see why the Trump administration settled on Otis for the Sentencing Commission: He will be able to advocate for the draconian punishments that Trump and Sessions have championed." 

Chronicle AM: Call to End New Medicaid Work Requirement, Israeli Pot Decrim Advance, More... (2/20/18)

Public health, mental health, and drug reform groups call for an end to a new policy requiring Medicaid recipients to work, a key congressional Democrat calls for a progress report from Trump's opioid commission, Israeli marijuana decriminalization crosses a major hurdle, and more.

Marijuana Policy

California Bill Would Bar Pot Shops From Selling Customer Data to Third Parties. Assemblyman Evan Low (D-San Jose) has filed Assembly Bill 2402, which would ban retail marijuana shops from selling customer data to third-party vendors without the customer's consent. "The focus of this piece of legislation is around privacy," Low said. "So, while now cannabis is legal in California, there are many individuals who want to make sure that cannabis and their use of cannabis is not made public for many reasons. If you shop at retail stores, you magically start to get emails and snail mail from other similarly focused retail stores," Low added. "And so we wanted to make sure that we don't do that with cannabis without consent."

Maryland Legalization Constitutional Amendment Gets Hearing Today. The Senate Judicial Proceedings Committee held a hearing today on House Bill 1264, which, if approved, would set up a statewide referendum on marijuana legalization. The House bill was filed by Delegate David Moon (D-Takoma Park); the Senate version is sponsored by Sen. Bob Zirkin (D-Baltimore County), who heads the Senate committee hearing the bill.

Massachusetts Lawmaker Blasts Some Draft Regs. State Rep. Mark Cusack (D-Braintree), who helped write the state's legalization implementation law, has criticized the Cannabis Control Commission and some of its proposed draft regulations. He wrote to the commission saying he has "grave concerns" over draft regulations around social consumption, local control, and licensing for delivery services and micro-businesses. The local control regulations ignore state law requiring localities to first seek voter approval, he said. He also lambasted proposals for on-site consumption, saying a new referendum would have to be passed. Voters legalized marijuana in the state nearly 15 months ago now.

Medical Marijuana

Michigan Judge Strikes Down Detroit Medical Marijuana Initiative. A Wayne County circuit court judge last Friday overturned a voter-approved initiative that would have relaxed restrictive local controls on medical marijuana businesses in the city. Proposal B would have allowed pot shops and processing businesses in all business and industrial districts, including downtown and Midtown. The judge cited state court precedent that zoning questions could not be decided by voter initiatives.

Industrial Hemp

Alaska House Passes Hemp Bill. The House on Monday approved Senate Bill 6, which legalizes industrial hemp and establishes a pilot program for its growth and production. The Senate has already approved the bill, but since the House amended the bill, it now goes back to the Senate for a final concurrence vote.

Drug Testing

Massachusetts Lab Forfeits $1 Million for Unnecessary Drug Tests. State Attorney General Martha Healey (D) announced last Friday that Precision Testing Laboratories, Inc. will forfeit more than a million dollars to settle claims it billed for medically unnecessary drug tests. It paid $400,000 to Massachusetts and will pay more than $650,000 to Connecticut. The lab will also be barred from participating in the two states' Medicaid programs for the next 10 years. The company had promoted itself as providing urine drug testing services to people in recovery, but that it used very expensive drug tests and "aggressively marketed an expensive and unnecessarily complex drug testing package to sober houses, despite the fact that they knew that the tests were for residential sobriety monitoring, a violation of MassHealth regulations."

Missouri Bill Would Criminalize Synthetic Urine. State Rep. Nate Tate (R-St. Clair) has filed a bill that would make the sale of synthetic human urine a criminal offense. Under House Bill 1810, all drug test-cheating products would be banned, and anyone who provides them with the intent to defraud a drug test would be subject to a Class B misdemeanor. Prosecutors like the bill.

Drug Treatment

Public Health, Drug Reform Groups Protest Federal Policy Imposing Work Requirements on Medicaid Recipients. More than 160 organizations in the public health, mental health, addiction treatment, and drug reform fields have sent a letter to Health and Human Services Secretary Alex Aszar decrying the new federal policy. They argue the policy would hinder access to Medicaid by people with chronic health problems, especially those fighting substance abuse and mental health disorders. "This is deeply troubling given the devastating and escalating opioid overdose crisis that President Trump has designated as a national public health emergency," the letter said.

Heroin and Prescription Opioids

Leading Congressional Democrat Wants Hearing on Trump's Opioid Panel's Progress. Rep. Elijah Cummings (D-MD), the top Democrat on the House Oversight and Government Reform Committee, sent a letter to committee Chairman Rep. Trey Gowdy (R-NC) last Friday urging him to request that presidential counselor Kellyanne Conway brief the committee on the work done by the president's opioid commission. "I understand that President Trump has designated Kellyanne Conway as his point person on this issue, so her input would help the Committee with its ongoing efforts to evaluate the status of the Commission's recommendations," Cummings wrote.


Israeli Marijuana Decriminalization Advances. The Ministerial Committee for Legislation has approved a bill that would decriminalize the possession of small amounts of marijuana. Under the bill, people caught with pot would pay a $282 fine and would not be subject to arrest until a fourth offense. Legalizatin advocate MK Tamar Zandberg (Meretz), who heads the Knesset Committee on Drug and Alcohol Abuse, was pleased: "When we started our struggle, people disrespected us, but the Ministerial Committee's decision today is proof that a real, persistent struggle succeeds in the end," said Zandberg. "This bill is far from being perfect, but it is a foot in the door on the way to full legalization."

Chronicle AM: MJ Rescheduling Lawsuit Hearing, IA Bill Seeks Medicaid Drug Screens, More... (2/14/18)

A legal challenge to marijuana's Schedule I status gets a hearing, some 18 senators call for protections for state-legal marijuana, Berkeley becomes a marijuana sanctuary city, and more.

Marijuana Policy


Looking for Medicaid? You'd have to pass a drug screen first under an Iowa bill. (Wikimedia)
Marijuana Rescheduling Suit Gets Hearing Today. A lawsuit challenging the placement of marijuana in Schedule I of the Controlled Substances Act was being heard in federal court in New York City Wednesday. The suit names Attorney General Jeff Sessions and the DEA as defendants. Legal efforts to force the de- or rescheduling of marijuana have been underway since the 1970s; none have worked so far.

Bipartisan Group of Senators Call for Protections for State-Legal Marijuana. A bipartisan group of 18 senators sent a letter Tuesday to Senate Appropriations Committee Chair Thad Cochran (R-MS) and Vice Chair Patrick Leahy (D-VT) calling for protections for state-legal marijuana to be inserted into federal budget bills. "Doing so will provide the opportunity to pursue federal legislation that both protects the legitimate federal interests at stake and respects the will of the states -- both those that have liberalized their marijuana laws and those that have not," the letter said. The senators want language similar to the House's Rohrabacher-Blumenauer amendment inserted into Justice Department funding bills.

Berkeley Declares Itself a Marijuana Sanctuary City. The city council voted Tuesday to designate Berkeley as a "sanctuary city" for marijuana users. With that vote, city agencies and employees are now barred from providing information about legal marijuana use by adults or from helping to enforce federal marijuana laws. "I believe we can balance public safety and resisting the Trump administration," Mayor Jesse Arreguin (D) said at the council meeting Tuesday. "We're keeping with the strong position Berkeley is a sanctuary for people in our community."

St. Louis Aldermen Debate Lessening Pot Penalties. The city's governing body held a hearing on Alderwoman Megan Green's proposal to bar the city from expending resources to enforce marijuana laws. Public comment was overwhelmingly in favor, but some of Green's colleagues were less than enthused. No vote was taken.

Medical Marijuana

California Bill Would Provide Employment Protections for Medical Marijuana Patients. Assemblymen Rob Bonta (D-Oakland) and Bill Quirk (D-Hayward) have filed Assembly Bill 2069, which would "prohibit an employer from engaging in employment discrimination against a person on the basis of his or her status as, or positive drug test for cannabis by, a qualified patient or person with an identification card." The bill could get a hearing next month.

Iowa CBD Medical Marijuana Expansion Bill Advances. The Senate Judiciary Committee voted Tuesday to approve Senate Study Bill 3106, which would grant the state Medical Cannabidiol Board the authority to broaden the definition of medicinal CBD and to expand the list of qualifying conditions to use it. The bill now heads for a Senate floor vote.

Pennsylvania's First Dispensary Sales Begin Thursday. Gov. Tom Wolf (D) announced Tuesday that the state's first medical marijuana dispensary, in Butler County, will begin sales tomorrow. Five other dispensaries will open their doors by weeks' end, he added.

Utah House Revives, Passes Medical Marijuana Bill. Just days after it killed House Bill 197, the House brought it back and passed it Tuesday. The bill was part of a two-bill package aimed at creating a viable medical marijuana program in the state. The other bill in the package, House Bill 195, was approved last week.

Drug Testing

Iowa Bill Would Mandate Medicaid Drug Screens, Tests. Sen. Tom Greene (R-Burlington), who rode the Trump wave to office last year, has introduced Senate File 2158, which would impose special requirements on Medicaid recipients, including a requirement that if drug use is suspected, they "shall agree to participate in testing for illegal drugs."

Chronicle AM: WV "Free College" Bill Requires Drug Testing, NM MJ Init Bill Moves, More... (2/2/18)

It's a longshot, but New Mexican could get a chance to vote on marijuana legalization this fall, an Iowa bill to lower pot penalties advances, so does a New Jersey hemp bill, and so does a West Virginia bill that would make community college free -- but only if students first pass drug tests.

Marijuana Policy

Florida Legalization Initiative Comes Up Short on Signatures. Regulate Florida, the group behind an effort to put a marijuana legalization initiative on the November ballot, says it doesn't have nearly enough signatures to qualify this year. The group needed 300,000 signatures to qualify, but has only gathered 40,000. The group says it is now eyeing 2020.

Iowa Bill to Reduce Marijuana Penalties Advances. The Senate Judiciary Committee approved a bill lowering the penalties for the possession of small amounts of marijuana. Senate File 432, sponsored by Sen. Brad Zaun (R-Urbandale) would classify a first offense for possession of five grams or less of marijuana as a simple misdemeanor, punishable by no more than 30 days in jail and a fine of $625.

New Mexico Legalization Initiative Bill Advances. The Senate Rules Committee on Friday approved Senate Joint Resolution 4, which if passed by the legislature would place the question of marijuana legalization before the voters in November. But there are only two weeks left in the session, and the bill must still get through the Senate Judiciary Committee, the full Senate, and the House before then.

Oregon US Attorney Holds Summit on Pot Surplus, Issues Subtle Threat. Oregon US Attorney Billy Williams convened a marijuana summit Friday with state, law enforcement, and tribal and industry leaders about how to address what he says is surplus marijuana that has ended up in the black market. He also warned that how state actors address this issue could influence his prosecutorial decisions: "I have significant concerns about the state's current regulatory framework and the resources allocated to policing marijuana in Oregon," Williams wrote in The Oregonian, adding that the summit and the state's response to his concerns would "inform our federal enforcement strategy."

Medical Marijuana

Kentucky Sees a Second Medical Marijuana Bill. Sen. Stephen West (R-Paris) has filed Senate Bill 118, which would allow patients with certain specified medical conditions to use any form of marijuana. A companion bill has been filed in the House. Last month, Democratic Secretary of State Allison Grimes filed another medical marijuana bill, House Bill 166.

Texas Sees First Delivery of CBD Cannabis Oil to Patient. A six-year-old boy suffering from epilepsy became the first patient in the state to receive CBD cannabis oil Thursday -- more than two years after Gov. Greg Abbott (R) signed a law legalizing its use. The delivery came from Knox Medical in Schulenburg.


New Jersey Hemp Bill Advances. The Assembly Agriculture Committee voted Thursday to approve a bill that would allow farmers to grow hemp. The measure, Assembly Bill 1330, is sponsored by Assembly Majority Leader Reed Gusciora (D-Mercer County).

Drug Testing

West Virginia Bill for Free Community College Would Require Drug Testing of Students. The state Senate voted unanimously Tuesday to approve Senate Bill 284, which would create a benefit to cover community college education costs not covered by Pell grants or other student aid. But there is a catch: Prospective students would have to pay for, take, and pass, a drug test before they would be eligible. The bill now goes to the House.

Chronicle AM: Marijuana Bills Popping Up, HRW Calls on Philippines to Support UN Inquiry, More... (2/1/18)

With the legislative season gearing up in the states, marijuana bills are everywhere. And Human Rights Watch has a message for the Philippine government.

Marijuana Policy

Alaska Bill Would Seal Public Records of Past Marijuana Convictions. Rep. Harriet Drummond (D-Anchorage) has filed House Bill 316, which would seal public records for past marijuana possession convictions. The bill has been referred to the House Judiciary Committee.

Georgia Bills Would Amend State Constitution, Codes to Legalize Marijuana. Lawmakers in Atlanta have not one, but two, marijuana legalization measures to deal with this year. Senate Resolution 614 proposes amending the state constitution to legalize it, while Senate Bill 344 would amend the state code to allow for the legalization and regulation of marijuana businesses. Since the measures are in the form of amendments to the constitution, they must first pass the General Assembly and then they would go to the voters on the November 2018 ballot.

Maine House Fails To Pass Short-Term Moratorium on Retail Marijuana Sales. The House has failed to extend a moratorium on recreational marijuana sales that expired today. Supporters had said that extending the moratorium would send a strong signal to would-be entrepreneurs that legal sales are still on hold, but failure to pass it will have little effect, since retail operations can't happen until there is a regulatory framework in place. It's now been more than 13 months since voters approved legalization.

New Mexico Bill to Legalize Marijuana Introduced. State Rep. Javier Martinez (D-Albuquerque) on Wednesday filed House Bill 312, which would legalize, tax, and regulate marijuana. Advocates don't expect the bill to pass this year, but said it would advance the conversation.

New Jersey Assembly Sees Marijuana Legalization Bill Filed. Assemblyman Reed Gusciora (D-Trenton) has filed a marijuana legalization bill, Assembly Bill 1348, that would allow a single household to grow up to 12 plants. The bill would also set a limit of 80 retail marijuana outlets in the state. If it passes the Assembly, it would need to be reconciled with a legalization bill in the Senate, Senate Bill 380, that doesn't allow home grows and does not cap the number of shops.

San Francisco to Wipe Out Thousands of Old Marijuana Convictions. City District Attorney George Gascon announced Wednesday that the city will retroactively apply the state's marijuana legalization to past marijuana cases going back to 1975. He said more than 3,000 misdemeanor cases dating back decades will be dismissed and sealed.

Medical Marijuana

Maine Governor Agrees to Delay New, More Restrictive Medical Marijuana Rules. Gov. Paul LePage (R) has agreed to delay the implementation of new, more restrictive rules that were set to go into effect Thursday. They would have allowed surprise inspections of caregivers and shut down markets for infused edibles, tinctures, and lotions. Now, the governor is giving the legislature another three months to draft a new law. "While I believe strongly that the medical marijuana program needs improved and increased regulation, waiting until May to ensure we do not create unnecessary confusion and complication is a reasonable approach," LePage said in a letter Wednesday.

Utah Medical Marijuana Bills Advance. Two bills taking the state down the path toward allowing medical marijuana advanced in the legislature Wednesday. House Bill 197 would allow marijuana cultivation for research purposes, while House Bill 195 would establish a "right to try" for terminally ill patients. Both bills were filed by Rep. Brad Daw (R-Orem). They passed the House Health and Human Services Committee and now head for a House floor vote. Meanwhile, an initiative for a full-blown medical marijuana program is now in the signature gathering phase.

Industrial Hemp

Indiana House Unanimously Passes Industrial Hemp Legalization Bill. The House on Wednesday approved House Bill 1137 on a vote of 90-0. The bill would allow farmers in the state to grow industrial hemp crops -- if the federal government issues the necessary permits and waivers. The bill now heads to the Senate.

Drug Testing

Maine Employee Drug Testing Bill Filed. Sen. Amy Volk (R-Scarborough) has filed a bill that would usher in a sweeping overhaul of the state's employee drug testing laws, giving employers new powers to test and discipline workers for drug or alcohol use. The bill is backed by GOP lawmakers and Gov. Paul LePage (R). The bill would remove probable cause requirements for drug tests and eliminate provisions mandating that employers provide access to drug treatment.

South Dakota Senate Panel Approves Bill Requiring Drug Tests for Legislators. Two days after a committee in the House voted to kill the bill, the Senate Judiciary Committee voted 4-3 to approve House Bill 1133, which would require legislators to submit to drug testing. The full Senate will now take up the bill.

Vermont Legislature Considers Saliva Test Ahead of Marijuana Legalization. The House Committee on Transportation is pondering whether to look into a saliva test for drivers as the state faces looming legalization. Legislators are also proposing a per se THC blood limit of .05 nanograms per milliliter. But as the Vermont ACLU noted, the presence of THC does not necessarily indicate impairment.


Human Rights Watch Calls on Philippines Government to Support UN Inquiry into Drug War Killings. The Philippine government should urgently support the creation of a United Nations-led investigation into the thousands of killings linked to its "war on drugs," Human Rights Watch said Thursday. A UN-led probe would both help clarify the disparity in official and independent estimates of killings in the anti-drug campaign and facilitate accountability for unlawful deaths. "The glaring disparity between the Philippine government's official death toll and those of credible independent observers underscores the urgent need for a UN-led independent investigation into killings since the drug war began in June 2016," said Phelim Kine, deputy Asia director. "The government should welcome a UN effort to establish an impartial and verifiable death toll as a crucial first step in accountability for wrongful deaths."

Chronicle AM: CA MJ Bank Plan, Israel Decrim Draft, No Drug Testing SD Lawmakers, More... (1/31/18)

California's treasurer wants to create a public bank for pot businesses, a New Jersey poll on legalization has mixed results, the Indiana House passes a CBD bill, Israel takes another step toward marijuana decriminalization, and more.

Marijuana decriminalization is coming to Israel.
Marijuana Policy

California Treasurers Lay Out Plan to Create Public Marijuana Bank. State Treasurer John Chiang on Tuesday laid out a plan to create a public bank for marijuana businesses, a defiant move in the face of the Trump administration's opposition to legal marijuana. "We are contending with the emergence of a multibillion-dollar cannabis industry that needs banking services, and a private banking industry that is stymied by federal law in meeting the needs of the new industry," said Chiang, who is seeking the Democratic gubernatorial nomination. "The current administration is out of step with the will of the people, not only those in California, but the 29 states that have legalized either or both medicinal and recreational-use cannabis."

New Jersey Pot Poll Has Mixed Results. A new poll from Fairleigh Dickinson University has strong support for further marijuana law reforms in the state, but only a minority in favor of outright legalization. The poll found 42% said legalize it, 26% said only decriminalize it, and 27% said it should be legal only for medical purposes. The poll comes as Gov. Phil Murphy (D) champions the cause of legalization and with one legalization bill already filed in the Senate and another set to be filed in the House.

Medical Marijuana

Indiana House Approves CBD Bill. The House voted 93-0 Tuesday to approve House Bill 1214, which would allow anyone to buy and use CBD cannabis oil, provided it contains less than 0.3% THC. The bill also gets around federal controlled substance prohibitions by designating CBD oil as an exempt hemp product. The bill now goes to the Senate.

Drug Testing

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants. As of Thursday, Maine becomes the first state to protect workers from adverse employer action because of their use of marijuana. The state Department of Labor has removed marijuana from the list of drugs for which employers can test in its model drug policy. The legalization initiative passed by voters bars employers from refusing to employ or otherwise penalizing any person age 21 or older based on that person"s "consuming marijuana outside the … employer's property. Employers can still discipline workers who are high on the job, but a positive drug test will not be deemed sufficient to conclude that a worker was under the influence at work.

South Dakota Lawmakers Reject Drug Testing Themselves. The House State Affairs Committee voted Wednesday to kill House Bill 1133, which would have required lawmakers to be drug tested within two weeks of taking office. The committee "deferred the bill to the 41st day," of the legislature's 40-day legislative session.


Israeli Ministry Releases Marijuana Decriminalization Draft Legislation. The Public Security Ministry on Tuesday published draft legislation to decriminalize the use and possession of small amounts of marijuana. Under the proposal, being caught with pot would lead to a $265 fine on a first offense, a $530 fine on a second offense, and possible prosecution for a third offense. The draft language doesn't specify the amount of marijuana being decriminalized, but it will likely be up to 15 grams. The draft legislation will be submitted to the Ministerial Committee for Legislation on February 18.

Chronicle AM: MedMJ Icon Dennis Peron Dies, ALEC Spurns Drug-Free Zone Laws, More... (1/29/18)

A pioneer of the medical marijuana movement is dead, the conservative group ALEC calls for reform of drug-free zone laws, the Trump administration is turning to private prisons, and more.

Dennis Peron, RIP (Pinterest)
Marijuana Policy

Florida Democratic Gubernatorial Candidate Calls for Marijuana Legalization. "Legalize it. Tax it. Use the revenue to fix Florida's public schools and move us up from 29th in the nation to #1." That's what Tallahassee Mayor Andrew Gillum tweeted last week in response to an NBC/Wall Street Journal poll showing 60% of Americans favor legalization. No other candidate supports legalization, but at least two have called for decriminalization. Although at least five Democrats are running, Gillum is one of the leading contenders.

Medical Marijuana

Dennis Peron, "The Father of Medical Marijuana," Dead at 72. A key player in California's groundbreaking embrace of medical marijuana has died. Dennis Peron, an AIDS activist whose partner, Jonathan West, died of the disease in 1990, argued for the benefits of medical marijuana for AIDS patients, opened the nation's first dispensary in San Francisco, and was a driving force behind the city's 1992 ordinance allowing medical marijuana. That was the first step toward the state's historic passage of Prop 215 four years later. Peron was 72. He died of lung cancer at a San Francisco hospital.

Asset Forfeiture

Kansas Civil Asset Forfeiture Reform Bill Filed. The House Judiciary Committee has filed House Bill 2459, which would not eliminate civil asset forfeiture, but would create a process for people to file a claim on seized property and assets. The bill was the result of an effort by the Kansas Judicial Commission to draft reform recommendations after eight different reforms bills were offered last year. In a hearing last week, the bill won the support of the Kansas Bureau of Investigation, although no vote was taken.

Drug Testing

South Dakota Bill to Allow Drug Testing of Infants Advances. The Senate Health and Human Services Committee voted 6-1 last week to approve Senate Bill 105, which would allow doctors to drug test newborns for up to 28 days for evidence of prenatal drug exposure. The measure would absolve health care workers from any civil or criminal liability related to the test. Doctors would be required to report positive test results to the state. The bill now heads to a Senate floor vote.

Sentencing Reform

ALEC Calls on States to Reform "Drug-Free Zone" Laws. The conservative, pro-business American Legislative Exchange Council (ALEC), which drafts model bills for state legislatures, passed a resolution last Friday calling on states to reform drug-free zone laws. Such laws impose stiffer penalties for drug offenses committed within such areas, typically around schools, churches, and parks. They have been criticized as unduly harsh and having a disproportionate racial impact. "Most Drug-Free Zone laws were established decades ago," the resolution says, "but have not been reformed despite evidence that Drug-Free Zones are arbitrary and often unnecessarily broad, are ineffective at deterring drug- related crime, and create significant unintended consequences, including unwarranted disparate impacts on minority defendants."

Trump Administration Seeks to Boost Use of Private Prisons.The Bureau of Prisons now has the goal of "increasing population levels in private contract facilities," a memo sent last week by the agency's Assistant Director for Correctional Programs Division Frank Lara said. The memo follows guidance from Attorney General Jeff Sessions to reverse an Obama-era policy to reduce reliance on private prisons. DOJ is also seeking to cut federal prison guard positions.

Drug War Issues

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