The majority of state programs for medical marijuana have only been in place for a short while, despite the rapid growth in the drug’s use. Furthermore, it’s now simpler than ever to apply online for a medical cannabis card thanks to easily accessible healthcare providers. Despite the fact that medicinal marijuana is now legal in nearly 40 states, zero-tolerance policies are still in effect in about one-third of them. To consume medical marijuana for medicinal purposes you can easily apply for your medical marijuana card online from the comfort of your home.
Regrettably, a few states are lagging behind in modernizing and modifying zero-tolerance policies to allow medical marijuana cardholders.
Zero-tolerance policies aim to stop people from operating machinery or driving while intoxicated. However, the issue is that drug tests will detect even the smallest amounts of cannabis from days or weeks ago, even if you aren’t impaired. However, these positive tests may still result in legal ramifications under zero-tolerance policies.
Zero-tolerance regulations may be challenging and confusing for people who depend on medical marijuana to treat their symptoms. Find out more below about their implications for you and your course of treatment.
Understanding Zero-Tolerance Laws
Zero-tolerance rules forbid you from having any amount of alcohol in your system, even if you don’t exhibit any outward signs of impairment. Laws pertaining to marijuana use for medical purposes or recreational purposes are frequently out-of-date and inconsistent, and marijuana metabolites can linger in your system long after the drug’s effects have worn off.
Zero-tolerance policies may have an impact on your life in a number of ways.
The following are some of the most typical locations where they can be found:
- Driving: Drivers are not permitted to have any amount of marijuana in their system while operating a motor vehicle in any state where zero-tolerance driving laws are in effect.
- In the workplace: Workers in zero-tolerance environments are not allowed to consume marijuana while at work or to arrive at work in any way inebriated.
- When housing is rented: Some landlords include zero-tolerance clauses in their leases that forbid using marijuana on the property.
Even in states where the use of medical marijuana is permitted, zero-tolerance laws frequently overlook cardholders. However, how precisely are these laws applied? Get in contact with a medical marijuana doctor San Francisco if you’re having trouble understanding California’s marijuana laws. They can help you navigate the legal system and teach you what’s acceptable and unacceptable behavior.
The Challenges of Implementing Zero-Tolerance Laws
Zero-tolerance rules appear very simple at first glance—after all, they are called “zero-tolerance”—but they are more complicated to enforce than you might imagine.
The accuracy of drug tests is the primary problem. There are two commonly used drug tests:
- Urinalysis: The most popular kind of drug test, urinalysis is excellent for finding metabolites and traces of cannabis, but it is not a reliable indicator of your current level of impairment. Tests on urine can find marijuana residue weeks after consumption.
- Saliva tests: Saliva tests are much better at determining your level of impairment at the time of the test, although they are still a little bit erroneous. For example, a lot of employers are using these kinds of tests in an effort to allow employees to use legal marijuana after hours.
When discussing zero-tolerance policies in the workplace, drug testing is the most frequently brought up topic.
While employers can choose to outright prohibit marijuana use, it can be difficult to enforce this policy without regularly testing employees for drugs, which can be expensive, time-consuming, and a major turnoff for potential hires.
Zero-tolerance policies have an impact on many businesses, particularly manufacturing and construction, as they reduce the pool of potential personnel. These regulations are meant to decrease impaired driving and occupational accidents, but they do not address the needs of medical marijuana users.
State vs. Federal Law
The Drug Enforcement Administration (DEA) has designated marijuana as a Schedule I drug, which means that it is illegal to use or possess under federal law.
Federal laws are frequently mandated for employers and landlords who receive federal funding. As a result, even in states where zero-tolerance policies do not exist, these organizations may be forced to prohibit marijuana use in any form.
Even so, there are some nuances in implementing zero-tolerance rules:
- At work: All establishments that receive federal funding are required to abide by the Drug-Free Workplace Act, which forbids the use or possession of marijuana in the workplace. Because employers are not compelled to conduct routine drug tests on their employees, the enforcement of this act is complicated.
- Renting: The federal Americans with Disabilities Act, which normally protects housing rights for people with disabilities, does not apply to users of medical marijuana. Zero-tolerance rules notwithstanding, there are some states with anti-discrimination laws that can safeguard your rights.
If you’re worried about your rights, there might be a precedent set by the state that supports you.
Alternatives to Zero-Tolerance Legislation
Zero-tolerance driving policies are only in place in a small number of states—12, to be exact—where medical marijuana is legal. Among those states:
- Seven allow cardholders for medical marijuana who are not impaired an exception.
- Five do not grant medical marijuana cardholders any exceptions.
States’ positions on medicinal marijuana and drunk driving laws are starting to catch up.
One of the following zero-tolerance options is enforced by the majority of states:
- Per se laws: These laws moderate the severity of zero-tolerance regulations. Per se regulations permit a small amount of cannabis to be present in your body while performing tasks like driving or working, as opposed to outlawing the presence of any trace of the drug. State-specific limits range from 1 to 5 ng/mL on average.
- Permissible inference law: Slightly less stringent than per se laws. It is acceptable to classify drivers who have 5 ng/mL or more of marijuana as impaired. At the moment, this law is only being enforced in Colorado.
- Driving while under the influence of drugs (DUID) laws: Currently enforced in 22 states, these are the most prevalent laws in the nation. They also have the laxest rules. A positive drug test is insufficient for a conviction because they need evidence that the driver was in fact intoxicated when operating a vehicle.
Zero-tolerance policies are intended to minimize accidents; however, reasonable enforcement tactics haven’t always kept up with other pertinent marijuana-related laws. Hopefully, as laws change, more states will focus their concerns less on marijuana traces in drivers’ systems and more on driving while intoxicated.
Traveling as a Medical Marijuana Cardholder
You may be fortunate enough to reside in a state with more permissive DUID or per se laws; not all states have zero-tolerance policies. Even so, it’s crucial to familiarize yourself with these laws as a medical marijuana card holder so you’re never caught off guard.
It’s unlikely that you’ll stay in your native state forever. For a friend’s wedding, you might have to cross state lines, or perhaps you just need a vacation and some new surroundings.
You should never have to risk breaking the law or go without your medication, no matter where life takes you.
It is your duty to be informed of the most recent regulations wherever you travel until states legalize medical marijuana. Apart from zero-tolerance policies, bear in mind:
- Amounts of legal marijuana possession (if any)
- Laws pertaining to the reciprocity of medical cards
- International legislation on drugs
Although not everyone views medical marijuana the same way, you are aware of how essential it is to your particular healing process. Gain as much knowledge as you can to safeguard your wellbeing and safety.