We all know that marijuana became legal and decriminalized in some states in the USA. Many states such as Washington, Colorado, Oregon, Massachusetts, Maine, Nevada, California, and Alaska decided to allow recreational use. However, the new problem occurred, and that is that many employers still neglect drug policies and have zero tolerance for it.
Even though cannabis is entirely different from alcohol, it is still problematic when it comes to detection. The first issue that arises is that it can be detected in the body for weeks after first use. An employee could easily use it on the weekend, and the next week during random drug screening he/she will appear confident, even if he/she is no longer impaired.
This particular issue raises an interesting question on whether employers have the lawful right to fire employees for using marijuana legally while off duty. If your employer has zero-tolerance to weed, you should find a way to cheat a drug test. The most affordable solution is to buy synthetic urine , an alternative that will prove that you will pass the test.
Is Drug Testing Legal?
The first and foremost question you should ask is whether the employer has the legal ability to conduct a drug screening. Of course, everything depends on the type of industry you’re working for. For example, government employers receive federal funding for drug screening tests, while federal law doesn’t regulate drug testing by private companies and employers.
However, some laws and states address how and when employers can conduct drug screenings. Most companies tend to screen for the use of various drugs such as cannabis as a part of the employment process.
State laws will allow employers a right to drug tests their applicant as a condition of employment. However, there are regulations and rules for testing current employees. In some states, random drug testing is allowed, while in other ones companies can test employees only under specific circumstances.
To check laws that regulate drug testings and screening, click here.
For example, many states will allow employers to conduct drug tests when:
- If they have a reason to believe that an employee is under the influence of drugs at work.
- If an employee holds a position that could threaten the safety of co-workers and the public
- If an employee gets involved in an accident that causes property damage or physical harm
- As a part of fitness for duty medical examination
- After an employee completes drug rehabilitation program
Many states have regulations and rules on how companies will conduct and perform drug tests. For example, in Florida and Rhode Island, the employer must provide to the employee a copy of drug testing results and the opportunity to explain the results and challenge a positive outcome.
Are Cannabis Users Protected From Getting Fired?
The regulation and right to smoke marijuana under state law doesn’t guarantee job protection due to these rights. Of course, everything depends on specific circumstances and industry you’re working on. If you live in a state in which marijuana laws specifically prohibits an employer from firing you for off-duty marijuana use, you won’t get the protection you need.
Only a few states have provided to employees with this type of protection, but just for medicinal marijuana use.
Several states feature medical marijuana laws such as Arizona, Illinois, and Delaware. They have passed laws that will restrict employers from firing users of medicinal marijuana unless they appear impaired on the job.
Enter this site: https://en.wikipedia.org/wiki/Medical_cannabis to get more information on legal and health aspects of medical marijuana
If you have a proper prescription for medical marijuana in these states, your employer won’t be able to fire you unless you show on duty impaired and unless the smoking affects your performance and work.
On the other hand, other states that decriminalized medical marijuana, allow employers to fire employees for off-duty use or they do not address this particular problem. In some states, you cannot find clear directive, which means that courts will always meet the favor of the employer.
For instance, in Oregon, Colorado, and California, employers have rights to terminate an employee who tests positive for cannabis, even if the employee has a valid reason and prescription to smoke cannabis while off duty.
The state Supreme Court of Colorado has upheld the firing of a quadriplegic man who became positive for marijuana due to off job use. Even though Colorado’s medical marijuana law exists, it doesn’t provide employment protection.
On the other hand, Colorado has one unique law that doesn’t allow employers to fire anyone due to off-duty reasons. Therefore, the law prohibits employers from firing anyone due to legal activities outside of work.
Even though the employee argued that his use of medicinal marijuana was legal according to state law, the court has disagreed and stated that smoking weed is illegal under federal law.