More Truck Drivers Refuse Drug Tests, KS Asset Forfeiture Reform Heads to Governor, More… (4/9/24)

Virginia Gov. Glenn Youngkin indicators a invoice defending medical marijuana-using state and native authorities workers, GOP senator calls for Border Patrol step again from easing restrictions on previous marijuana use amongst new hires, and extra.

Marijuana Coverage

GOP Senator Calls for Border Patrol Undo Hiring Coverage Permitting for Latest Marijuana Use. Sen. James Lankford (R-OK) despatched a letter Sunday to Customs and Border Patrol (CBP) demanding that the company undo a current change permitting the hiring of people that admitted to utilizing marijuana greater than 90 days earlier than hiring. Previous to the coverage change, CBP had enforced a rule requiring no marijuana use for the earlier two years. 

Claiming that the coverage change “undermines the safety and integrity of the Border Patrol workforce and flatly contradicts Border Patrol’s mission to guard our nation towards unlawful medicine,” Lankford demanded that CBP “restore the two-year lookback on marijuana utilization amongst Border Patrol recruits.” 

Lankford accuses CBP of utilizing the coverage change to “incentivize further recruits.” CBP suffers from power understaffing.

Medical Marijuana

Virginia Governor Approves Invoice Granting Employment Protections to State and Native Authorities Staff. Gov. Glenn Youngkin (R) has signed into legislation a pair of payments, Senate Invoice 391 | Home Invoice 149 that increase the state’s employment protections for medical marijuana sufferers to public workers. The brand new legislation takes impact July 1, 2024.

Present state legislation bars personal employers from firing or discriminating towards employees lawfully utilizing medical marijuana however supplies no such safety for state and native authorities employees. 

Regulation enforcement officers are excluded from the protections.

Asset Forfeiture

Kansas Legislature Approves Asset Forfeiture Reform Invoice. With a last Senate ground vote final Friday, lawmakers have authorized laws that may enact some asset forfeiture reforms, Senate Invoice 458.

Among the many invoice’s options: “Specifying that sure drug offenses don’t give rise to forfeiture below the Kansas commonplace asset seizure and forfeiture act, requiring courts to make a discovering that forfeiture shouldn’t be extreme, proscribing actions previous to graduation of forfeiture proceedings, requiring possible trigger affidavit submitting and overview to begin proceedings, rising the burden of proof required to forfeit property to clear and convincing proof and authorizing courts to order cost of lawyer charges and prices for sure claimants.”

In a report launched final 12 months, the People for Prosperity Basis-Kansas discovered that state legislation enforcement seized greater than $25 million in money and property. Most seizures didn’t “contain figures unrelated to organized crime, however a big loss for the common individual.”

Gov. Laura Kelly (D) is anticipated to signal the payments. 

Drug Testing 

Extra Truck Drivers Refuse Drug Testing Whilst Constructive Drug Exams Fall. A brand new report from the Division of Transportation’s Federal Motor Provider Security Administration (FMCSA) finds that the variety of optimistic drug exams amongst business truck drivers decreased from practically 58,000 in 2022 to simply over 54,000 final 12 months. However on the identical time, the variety of drivers who refused to be drug examined jumped a whopping 39 p.c. 

The record-high variety of refusals comes because the business is tormented by a scarcity of drivers, which even some commerce teams mentioned has been exacerbated by the screening of drivers for marijuana, which dangers punishing drivers who are usually not impaired on the job. (Marijuana testing detects metabolites that may stay within the system for days after short-term impairment has worn off.

As a result of the refusals are counted as failed drug exams, despite the fact that fewer optimistic take a look at outcomes have been reported, the full variety of drug violations by truckers rose—to 68,229 in 2023 in comparison with 67,775 a 12 months earlier.

“The general rise in drug violations in 2023, despite the fact that there are fewer optimistic exams, is attributed to an almost 40% improve in reported drug take a look at refusals—9,214 in 2022 versus 12,804 in 2023,” the Federal Motor Provider Security Administration (FMCSA) mentioned. “Drug take a look at refusals embody employer-reported refusals like failing to indicate up for a random take a look at, or leaving a take a look at assortment facility after a take a look at has begun however earlier than it’s full.”

Marijuana was by far the commonest drug detected, adopted by cocaine (10,000 optimistic take a look at outcomes), meth (4,500), different amphetamines (4,200), and numerous prescription opioids (4,500). Marijuana positives truly decreased from 40,916 in 2022 to 37,657 final 12 months.