The DEA is moving forward with plans to reschedule marijuana from a Schedule I to a Schedule III drug, a shift that could have major implications for employers, particularly those with drug testing programs. A public hearing is set for December 2, 2024, and it’s critical for businesses to understand the potential impact and prepare accordingly.

Public Hearing Details

The DEA’s December hearing is part of its formal rulemaking process, giving experts and the public a chance to weigh in on the rescheduling proposal. Employers who want to participate need to submit their intent by September 30, 2024. This is an important opportunity for businesses to express concerns or provide feedback, especially regarding the impact on workplace drug testing policies and compliance with federal and state laws.

What Rescheduling Means

Currently, marijuana is classified as a Schedule I drug, meaning it’s considered to have no medical use and a high potential for abuse, similar to heroin or LSD. Moving marijuana to Schedule III would acknowledge its medical potential and place it alongside drugs like ketamine and anabolic steroids, which have moderate risks of dependence. However, this is not full legalization—marijuana would remain federally controlled, and FDA approval would still be required for its use in medical products.

Employer Impact

For businesses conducting drug testing, marijuana’s rescheduling adds complexity. In states where medical marijuana use is protected under disability or anti-discrimination laws, the new classification may increase the pressure to accommodate employees who use medical marijuana. This is particularly challenging for safety-sensitive industries like transportation, healthcare, and manufacturing, which have strict drug testing policies to maintain workplace safety.

Even with the rescheduling, discrepancies between state and federal marijuana laws would persist. For instance, states that allow recreational use of marijuana could see confusion in how employers balance federal guidelines with state-level legalization. Dr. Todd Simo of HireRight explains, “marijuana differs from alcohol, as impairment after use can last for days. Its inconsistent potency makes it difficult to regulate as a Schedule III drug.”

ADA Implications

A major concern for employers is the potential rise in Americans with Disabilities Act (ADA) claims. Historically, federal marijuana prohibition has blocked most ADA-related litigation, but reclassification could change that. Employers may soon face requests for reasonable accommodations from employees using medical marijuana, especially in states where medical use is legal. Balancing these accommodations with safety protocols will be crucial, requiring employers to revisit their drug testing policies.

Public Sentiment

The DEA’s public comment period generated over 42,900 responses, with about 70% favoring broader marijuana reform, including full decriminalization. This indicates growing public support for more comprehensive changes beyond rescheduling, but employers must stay focused on regulatory compliance under the Controlled Substances Act.

Looking Ahead

The December 2 hearing is pivotal for shaping marijuana regulation. Employers should review their drug testing policies and prepare to engage in the evolving legal landscape. Whether they choose to participate in the hearing or simply reassess internal protocols, staying ahead of these changes is essential to avoid legal risks and ensure compliance with both federal and state regulations.

Key Takeaways for Employers:

• Stay Engaged: The December 2 DEA hearing is a crucial opportunity for employers to provide input on rescheduling.
• Reevaluate Drug Policies: If marijuana becomes a Schedule III drug, employers, especially in safety-sensitive industries, must review and potentially revise their drug testing and accommodation policies.
• Understand ADA Implications: Employers should prepare for potential ADA claims related to medical marijuana use and adjust policies to balance safety and compliance.
• Use Trusted Screening Services: Our platform provides comprehensive drug testing services that help employers navigate these regulatory shifts while maintaining compliance with federal and state laws.

Whether you have one rental property or several, finding the right tenants is crucial for any property manager, but it can also be a challenging process. These expert tips will help ensure you're making informed decisions:

1. Set baseline requirements: Before accepting applications, establish clear requirements such as a rent-to-income ratio. Typically, landlords expect tenants to earn 2-3x the rent, but rising costs in recent years have complicated this. For example, rent in some regions has increased by 28% while wages haven’t kept pace, making it harder to find tenants who meet traditional income expectations.

2. Check references from past landlords: One of the best ways to vet tenants is by speaking with previous landlords. Ask for at least two references to verify the information and ensure the tenant isn’t being recommended just to be moved out. If it's a first-time renter, consider alternative references such as a coworker or friend who can speak to the tenant’s character.

3. Run background and credit checks: These checks provide critical insights into a tenant’s financial reliability and rental history. Look at credit reports, criminal history, eviction records, and even pay stubs or bank statements. This will help you gauge whether the applicant can consistently meet rent payments.

4. Consider a cosigner: Younger or first-time renters without sufficient credit history may require a cosigner to guarantee their lease. A cosigner provides an extra layer of security, ensuring that someone else is responsible for payments if the tenant is unable to meet their obligations.

5. Follow federal, state, and local housing laws: It's essential to stay compliant with housing regulations. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Additionally, you can’t reject a tenant based solely on a criminal record unless it directly impacts the safety of the property or other tenants.

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Key Takeaways for Running Background Checks on Prospective Tenants

• Always verify information from more than one reference.
• Check for consistency between credit reports, pay stubs, and bank statements.
• Ensure compliance with federal, state, and local fair housing laws.
• Consider using our services to simplify your screening process. Our platform offers comprehensive background checks, credit history reports, and rental history verifications to help you make informed, compliant decisions when selecting tenants.

The "ban the box" movement is one of the most transformative trends in the background check and hiring processes. Over the last decade, regulations preventing employers from inquiring about criminal history on initial job applications have spread across local, state, and federal levels. These laws aim to reduce employment discrimination against individuals with criminal records by removing questions related to convictions from job applications, offering ex-offenders a fair chance to be evaluated on their skills and qualifications first. Here's what employers need to know.

What is Ban the Box?: The term "ban the box" refers to the removal of the checkbox on job applications that asks candidates if they have a criminal conviction. These laws are designed to prevent discrimination against individuals with a criminal history by delaying questions about criminal records until later in the hiring process, often after the first interview or a conditional offer. Without this question upfront, employers are encouraged to form an unbiased impression of the applicant's skills and character before factoring in any criminal background.

Key Regulations Under Ban the Box Laws: Ban the box regulations vary by jurisdiction, but they typically include several key provisions:

• Removal of criminal history questions from the initial job application.
• Timing restrictions on when an employer can conduct a background check. For example, some laws allow background checks only after a conditional job offer has been made.
• Limitations on the types of criminal records that can be considered, such as dismissals, sealed records, or arrests without convictions.
• Contextual review requirements, where employers must assess whether the applicant's criminal history is relevant to the job they're applying for.

For example, a trucking company might have a valid reason to disqualify an applicant with multiple DUI convictions, while the same offense may not impact someone applying for a desk job.

A Brief History of the Ban the Box Movement: Ban the box laws date back to 1998 when Hawaii became the first state to enact this legislation for both public and private employers. The Hawaiian law prohibits employers from asking about criminal records until after a conditional job offer is made. Hawaii's law also limits how far back employers can look at an applicant's criminal history, only allowing consideration of convictions within the past ten years and those that are directly related to the job’s responsibilities. Other states and municipalities have since followed suit, with Hawaii’s law becoming the model for later regulations. Today, 37 states and more than 150 cities and counties across the United States have passed some form of ban the box legislation.

Fair Chance Laws: A Broader Scope: Ban the box is part of a broader movement known as "Fair Chance" employment. Fair Chance laws advocate for removing barriers that prevent ex-offenders from re-entering the workforce after completing their sentences. Advocates argue that hiring practices based solely on criminal records perpetuate social inequalities, increase recidivism, and hinder rehabilitation.

Fair Chance laws often include ban the box elements, but they can also address other issues such as restrictions on employers' ability to conduct credit checks or the requirement for employers to consider individual circumstances around a criminal offense.

In some areas, the Fair Chance movement has expanded beyond employment. For example, jurisdictions now apply these laws to housing, limiting landlords from disqualifying renters based on criminal backgrounds, and higher education, where universities are considering removing criminal history questions from admissions forms.

How Does Ban the Box Affect Background Checks?: One of the most common misconceptions is that ban the box eliminates criminal background checks altogether. In reality, these laws simply delay the process. Employers are still allowed to conduct criminal background checks later in the hiring process, typically after the first interview or a conditional job offer.

Some laws also place limitations on how employers can use the information they find in these checks. For instance, employers may be required to prove that the criminal history they discover has a direct impact on the applicant’s ability to perform the job. Moreover, some regulations give candidates the right to appeal adverse decisions based on their background check results, extending the timeline for making a final hiring decision.

Who Do These Laws Apply To?: Ban the box regulations are not universal, which means employers must familiarize themselves with the specific laws in their area. Some states apply the law only to public employers, while others extend the requirements to private companies. For instance, California, Colorado, and Illinois have ban the box regulations that apply to both public and private sector employers, while other states limit the law’s scope to government positions. Additionally, in some jurisdictions, only companies with a certain number of employees (e.g., 15 or more) are required to comply. Small businesses are often exempt, but employers of all sizes should stay informed about their local laws.

What Do Employers Need to Do?: Employers must first determine if they are subject to ban the box laws by reviewing local, state, and federal regulations. If applicable, they will need to adjust their hiring processes to comply, which could involve:

• Removing criminal history questions from job applications.
• Delaying background checks until after the first interview or conditional job offer.
• Creating guidelines for how to assess criminal history on a case-by-case basis.

Additionally, staying up to date on the latest developments is crucial as new laws are passed, and existing ones are amended frequently.

Key Takeaways for Employers:

• Understand Your Local Laws: Ban the box regulations vary widely, so research the specific rules that apply to your jurisdiction.
• Adjust Your Hiring Practices: Ensure criminal background inquiries are delayed until appropriate stages of the hiring process, and develop clear guidelines for evaluating criminal history.
• Stay Informed: Ban the box laws are part of a larger Fair Chance movement that is continually evolving, with new regulations being enacted regularly.

Staying compliant with these regulations not only ensures legal protection but also promotes a fair and equitable hiring process.

At EDIFY Background Screening, we understand the importance of maintaining a drug-free workplace. That's why we offer a range of drug testing services tailored to meet your organization's needs. Our drug testing services are designed to provide accurate and reliable results while ensuring compliance with all relevant laws and regulations.

Why Choose EDIFY for Your Drug Testing Needs?

1. Comprehensive Drug Panels: We offer a variety of drug testing panels to suit the specific requirements of your organization. Whether you need a basic test or a more extensive panel, we have the solution for you.

2. Medical Review Officer (MRO) Oversight: Every test is reviewed by a certified Medical Review Officer (MRO) to ensure compliance with legal standards and to provide a clear, actionable result. The MRO will review any positive results and contact the donor for any necessary prescription documentation or explanations, helping to reduce false positives and ensure fair handling of results.

3. Fast and Reliable Turnaround Times: We understand that time is of the essence when it comes to hiring or retaining employees. Our average turnaround time for negative tests is 6-8 hours, while positive tests are reviewed and returned within 48-72 hours, depending on the response time of the donor.

4. Completely Paperless Process: Our process is entirely paperless, ensuring efficiency and convenience. Applicants receive an ePassport via text message and email, directing them to the nearest lab based on their home or work location. This streamlined process not only saves time but also enhances the candidate experience.
   

Available Drug Testing Panels:

• 5-Panel Test: Screens for the five most commonly abused drugs: Marijuana, Cocaine, PCP, Amphetamines, and Opiates.
• 7-Panel Test: Adds Benzodiazepines and Barbiturates to the standard 5-panel test.
• 9-Panel Test: Expands the 7-panel test by including Methadone and Propoxyphene.
  
• 10-Panel Test: Includes the 7-panel drugs plus Methadone, Propoxyphene, and Methaqualone.
• Minus-THC Tests: Now available for employers who prefer to exclude marijuana testing, offering flexibility in compliance with state laws and company policies.
  
• Specialized Panels: Customized testing solutions that can include additional substances such as synthetic cannabinoids or specific prescription medications.

Why is MRO (Medical Review Officer) Review Important?

The MRO plays a crucial role in the drug testing process by verifying the integrity of the testing process and interpreting the results accurately. The MRO ensures that all test results are scientifically valid and legally defensible. By working with EDIFY, you can be confident that any adverse results are handled with the utmost professionalism and adherence to regulatory standards, minimizing your risk of legal challenges.

Partner with EDIFY for Your Drug Testing Needs

When you choose EDIFY Background Screening, you choose a partner committed to providing comprehensive, compliant, and accurate drug testing services. Let us help you maintain a safe and productive workplace with our top-notch drug testing solutions. Contact us today to learn more about how we can support your organization's drug-free workplace policy.