Georgia Drug Testing Laws and Regulations
|Statute of Order:||Ga. Code Ann. §45- 23-1 et seq. §45-20-110 et seq., 34-9-410 et seq.|
|Covered Employers:||State government employers, public schools, and entities that furnish transportation services to school systems; private employers.|
|Applicant Testing:||Testing authorized of applicants for state government employment, public school employment, and private employment. Applicant who refuses to be tested or who tests positive may be barred from state and public school employment for 2 years.|
|Employee Testing:||Testing authorized, including random testing, on reasonable suspicion, as part of routine fitness-for-duty exam, after an on- the-job injury, and as part of follow-up to rehabilitation. Policy must be distributed to employees and posted. Testing confers eligibility for certain discounts and other benefits under the state's workers' compensation law. Random testing of "high risk" state government and public school employees including school bus drivers is authorized under separate provisions.|
|Conditions & Methods:||Methods to assure privacy for employee in collection of specimen, and methods of collection, storage, and transportation that ensure noncontamination of specimen, and confidentiality of test. Confirming test after positive result.|
Georgia's House Bill 1, aka Haleigh's Hope Act was signed into law on April 16, 2015 by Governor Nathan Deal. It allows the use of cannabis oil with less than 5% THC for patients suffering from specific medical conditions. The law created a Low THC Oil Registry website for patients and physicians. This patient registry is managed by the Department of Public Health.
Qualifying Medical Conditions
• Crohn's disease
• Mitochondrial disease
• Multiple sclerosis
• Parkinson's disease
• Seizure disorders
• Sickle cell disease
Qualified patients may possess only up to 20 ounces of low-THC (high-CBD) cannabis oil.
• Only oral administration of the medical cannabis oil is allowed - smoking is not.
• Recreational uses of cannabis oil are not allowed.
• Other medical uses outside of the 8 qualifying conditions remain illegal.
• Possession of a whole marijuana plant is not allowed.
• No in-state cultivation, sale or processing of cannabis is allowed.
• No dispensaries have been set up to supply the low-THC cannabis oil in- state, and patients remain in violation of federal and other states laws if they bring cannabis across state lines.
Effects on Workplace Drug Testing
House Bill 1 has no effect on the state's workplace drug testing laws. Employers who do not already have an existing drug test policy are totally within their rights to build one that explicitly addresses employee marijuana use in the interest of maintaining employee performance, safety and productivity.
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