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Essay / Research Paper Abstract
A 3 page discussion of the circumstances surrounding Idaho's emphasis on drug free
workplaces. While no federal law exists for workplace drug testing of employees other than those in the defense and transportation industries,
Idaho allows testing within private industry as a whole. Bibliography lists 4 sources.
Page Count:
3 pages (~225 words per page)
File: AM2_PPdrgTst.rtf
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Unformatted sample text from the term paper:
law are sometimes taken to a greater degree by state law. Such is the case in Idaho employment law. Idaho is encountering a unique problem in that two
of her neighbor states and nine states in the U.S. as a whole (specifically Oregon, Washington, California, Alaska, Arizona, Colorado, Hawaii, Maine, and Nevada) have passed laws that allow their
residents to grow and use marijuana for medical reasons. Marijuana is considered a Schedule I drug under federal law. Even in those states where the medical use has
been approved, it cannot be officially prescribed (Sahlberg, 2004). Instead, the medical use of marijuana in these states it is only "authorized" (Sahlberg, 2004). While the
federal government specifically penalizes the growth and use of marijuana under the Controlled Substances Act (CSA)(21 U.S.C. Section 801 et seq.), recent rulings in the Ninth U.S. Circuit Court of
Appeals pertaining to the application of the Controlled Substances Act and a recent Oregon arbitration decision (a decision that positive drug tests werent enough for employers to justify disciplining their
employees) have presented concerns for Idaho as to how they can continue to provide drug-free workplaces for its employees (Sahlberg, 2004).
The Ninth U.S. Circuit Court encompasses Idaho as well as seven of the states that have approved the use of medical marijuana (Sahlberg, 2004). Idaho is concerned that individuals
who actually reside in other states but work in Idaho have the potential to be under the influence of marijuana in Idaho workplaces (Sahlberg, 2004). This is particularly concerning
in that those Idaho companies that are federal contractors remain obligated under federal law to maintain drug-free workplaces (Sahlberg, 2004). In response to the recent legal maneuverings by other
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