CANNABIS BLOW, TIME SPAN IN THE BLOOD, WORKPLACE AND DRUG-TEST
by Eunice Veloso on Apr 24, 2024
#1 CANNABIS IN THE WORLD – GENERAL LEGAL SCENARIO
The breath of air. To test for recent cannabis use.
There isn't one yet, but perhaps we're a long way from seeing Stop operations on the roads or in the workplace, with the aim of detecting THC through the breath of air.
But it is certain that, quickly or slowly, one walks there.
The use of cannabis/hemp is a reality. It is true that in Europe, anything that is not hemp or cannabis for medicinal purposes: is a crime.
The truth is that the American continent has already liberalized cannabis for recreational purposes. And the world is too globalized for “A”’s decisions not to affect “B’s” decisions. Sooner or later. For better and for worse: as they say about sacred unions.
But let's start by looking at the legal scenario on both continents: in the European and American contexts.
@ In the European Union…
… And when it comes to cannabis, what is legal is the following:
- a) Industrial hemp
- b) Medical cannabis
Industrial hemp is the cannabis variant whose cultivation is controlled from the type of seed used and contains a maximum content, now 03% of THC, the psychoactive component of the cannabis plant, which at this level is not toxic or psychotropic.
As for medicinal cannabis, production within the European community (producers must be licensed) is controlled by the German government, through which everything produced in the EU is sold to an organization based in the Netherlands, the OMC ( Office of Medicinal Cannabis) which holds the monopoly and is in charge of supplying medicinal cannabis to pharmacies and clinics in general.
The said OMC offers a variety of medical cannabis with different levels of THC (less than 1% to 22%) and CBD (less than 1% to 9%). This is in accordance with the document “Cannabis legislation in Europe”, from March 2017, corrected in June 2018.
These cannabis variants can be prescribed for the relief of symptoms of multiple sclerosis, HIV/AIDS, cancer, chronic pain and tics associated with Tourette's syndrome.
Smoking is not recommended and preferred methods include inhalation via vaporizers and tea infusion.
In theory, doctors can prescribe: in practice, few are doing so.
There are no reimbursements by the national health system; eventually, some private health insurance may have coverage for specific uses.
@ In the Americas…
… In Canada and the USA the legal landscape is quite different from that in Europe and is even confusing in the case of the USA.
Both countries have overcome the barrier of using cannabis only for medicinal purposes and its use for recreational purposes is now permitted.
In the case of the USA, the confusion is that, although most US states have already legalized cannabis for recreational purposes, at the federal level: cannabis is still illegal.
And this means that even if recreational or medicinal consumption is legal in a given state, under federal law it is a crime, in that same state, for example, to drive commercial vehicles.
And this brings us to two questions that, although not yet discussed in the EU (because the use of cannabis for recreational purposes is a crime) but already are in the Americas:
How long does cognitive impairment, caused by the effect of THC, last?
If we are talking about recreational consumption, where the THC content, the psychotropic component, is appealing to users. This issue also arises for people who are being treated with medical cannabis that has higher THC levels).
Are there already effective tests for this purpose?
Blood, urine or breath tests to detect the existence of THC in the body: do they already exist? Are they trustworthy? What is the best way?
Employers: can or cannot they request tests to detect THC? Can they be fired or not based on positive results? Can they or cannot they stop hiring because they are aware of the use of cannabis?
Let's see how much we can clarify in the next sections of this article.
#2 CANNABIS BLOW: HOW LONG IT STAYS IN THE BLOODSTREAM AND IMPAIRMENT DUE TO USE ARE TWO DIFFERENT THINGS
In fact, it's not just about puffing, it's about cannabis consumed through inhalation (whether smoke or vaporizers).
There are people who use medicinal cannabis in the form of oil extracts, tinctures, capsules with higher THC according to their medical prescription.
We already know that THC can have psychotropic effects, which is why there is a so-called “impairment window”, which is a period of time during which users, after consuming cannabis with significant levels, may have their cognitive capacity compromised.
After consuming cannabis and during a period of impairment, safety-sensitive activities such as driving should be avoided and users see their ability to react, sustain attention and focus or memory functioning decrease.
Analyzes carried out by scientists indicate that this period of impairment can range from 3 hours (low doses of THC) to 10 hours (high doses of THC),
The most typical duration of the “impairment window” is 4 hours after THC consumption.
Regarding the time that cannabinoids remain in the bloodstream: even after 30 days of non-use there may be traces.
But the interesting thing about medicinal cannabis users is that, for those who consume THC in the form of oils, sprays or capsules (oral use), the impairment takes longer to appear and lasts significantly longer, when compared to inhalation.
This happens because oral cannabinoids (oil, sprays or capsules), as they have to first pass through the digestive system and only then enter the bloodstream: they take longer to produce effects, which means they also take longer to be detectable.
#3. WORKSPLACES AND LAB TESTTING: WHAT HAPPENS THEN?
There are tests to detect the presence of cannabinoids.
Urine tests, however, are generally inadvisable because they require improved sensitivity and are therefore not very accurate.
And companies can request random testing to screen for drugs or alcohol. They can also do it to detect the presence of cannabinoids.
However, the fact that cannabis can remain in the body for around 30 days, a test is not a reliable indicator that there is impairment, it does not mean that the worker is under the “cannabinoid effect” or a decrease in their cognitive abilities: and there is no there is no test that clearly determines it, as the breathalyzer does for alcohol, for example.
@ In Portugal
In the specific case of Portugal, legislation may vary according to the type of company and sector of activity, so that there is a guarantee of security.
In practical terms, tests can be carried out at work as long as:
- Have the worker’s consent
- There is a legitimate justification
- In case of an accident at work.
@ In the USA
In most states, employers can request that their employees be tested for cannabis use.
But there are variations: in New York state, employers are prohibited from asking current employees or applicants for cannabis testing. In the state of Nevada, a worker may be denied access to work if they test positive for cannabinoids.
As a general rule, the question may arise whether a potential employer can refuse to hire a potential employee due to a positive cannabis test.
The answer will be this:
- cannot do so based on this reason, solely and exclusively. Especially because the candidate can be a patient qualified to use medicinal cannabis, have approval from a clinician and thus be protected by law.
- cannot do so if the candidate uses cannabis outside the workplace and before being hired, except in specific contexts such as:
- o hiring places the employer in violation of any federal law or in loss of federal funding.
- o there is a written policy established and made known to the potential candidate regarding a positive cannabis test.
- o the potential employer is party to a valid collective bargaining agreement that specifically addresses drug testing, conditions of employment, or conditions of continued employment of such candidate.
@ What about road tests, for those who drive? Is there already technology for cannabinoids, comparable to the breathalyzer (for alcohol)?
There isn't yet. But the path is in that direction.
There is still no respiratory test that is accurate and that confirms the recent use of inhaled cannabis, within the impairment period.
It is possible that the difficulty lies in measuring the degree of impairment. Thus, there is also the issue of the accuracy of measuring THC content. Once these issues are overcome, it will be done as with alcohol: defining a maximum legal limit.
References:
Cannabis legislation in Europe
https://www.growbarato.net/blog/pt-pt/testes-de-drogas-no-trabalho-sao-legais/
https://pro.bloomberglaw.com/insights/labor-employment/cannabis-and-the-workplace/#drug-test
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8611040/
https://www.hempathiclight.com/blogs/news/cannabis-hemp-marijuana-the-legal-aspect
DISCLAIMER: THIS ARTICLE DOES NOT HAVE ANY ASSESSMENT OF HEALTH ADVICE, IT IS MERELY INFORMATIONAL, THEREFORE, ANY INITIATIVES YOU HAVE, REGARDING MEDICINAL CANNABIS, SHOULD ALWAYS GO THROUGH THE ADVICE OF YOUR PHYSICIAN.
