[realSTONEDtimes]

With legalization on the rise, employers are faced with a type of gray area when it comes to the state and federal marijuana laws and workplace drug testing.

Companies who are looking to keep a drug-free workplace are left wondering if they are allowed to fire or discipline workers for their weed use.

Voters decided to either legalize recreational marijuana or allow/expand their current medicinal marijuana laws in 8 different states. These new laws have made weed legal in some form or another in over half of the country, but yet it’s still illegal federally.

In states like California and Massachusetts, employers should be careful when testing their employees for weed. Firing or disciplining employees for their legalized use could potentially open legal challenges. If workers are not in a safety-sensitive job role, then they should not be tested.

[mojave green]

Educate yourself young man!

[_tessarecting]

I see you're dabbling in journalism of sorts. Citing sources improves your accuracy and credibility. Hint: what mojave and Richie Hawtin said; research

[packerfan79]

No protections in California. You take your chances.

[Capt.Ahab]

None in Ma. either.

[aridbud]

It's not a new concept. Employers invest a lot in their employees. Drug testing, good or bad, right or wrong, is here to stay.

Have been random tested for 25+ years, even prior to any MMJ statutes.

Working in "at will" employment states, it's harder to fight if test is positive. Although some employers will refer you to an Employee Assistance Program for drugs/alcohol, others find merit in canning you.

Common reasons why employers test:

Deter employees from abusing alcohol and drugs.
Prevent hiring individuals who use illegal drugs.
Be able to identify early and appropriately refer employees who have drug and/or alcohol problems.
Provide a safe workplace for employees.
Protect the general public and instill consumer confidence that employees are working safely.
Comply with State laws or Federal regulations.

[WelderDan]

My employer doesn't do random tests, but you do have to do a pre-hire drug screen, and if you get hurt on the job, you're gonna get drug tested. They will send someone to the hospital with you with paperwork. And you will be terminated if you test positive.

We now have legal MMJ for certain conditions, none of which I qualify, and this is also a "right to work" state (or, as I like to say, "right to be fired for whatever dumb ass reason your employer chooses".)

Personally, this is one job I won't do stoned. One distraction and kiss your hand (or worse) goodbye. I've already seen several people get pretty messed up and they were straight. Screw that. The fingers stay on the hand, thank you.

So yeah, I'd be canned. I stayed high at my old IT job, but this one, no way, and that's my choice.

[aridbud]

Originally Posted by WelderDan

My employer doesn't do random tests, but you do have to do a pre-hire drug screen, and if you get hurt on the job, you're gonna get drug tested. They will send someone to the hospital with you with paperwork. And you will be terminated if you test positive.

We now have legal MMJ for certain conditions, none of which I qualify, and this is also a "right to work" state (or, as I like to say, "right to be fired for whatever dumb ass reason your employer chooses".)

Personally, this is one job I won't do stoned. One distraction and kiss your hand (or worse) goodbye. I've already seen several people get pretty messed up and they were straight. Screw that. The fingers stay on the hand, thank you.

So yeah, I'd be canned. I stayed high at my old IT job, but this one, no way, and that's my choice.

Yes, understandable...Personally, this is one job I won't do stoned. One distraction and kiss your hand (or worse) goodbye

I know from hiring/firing in a previous job (healthcare occupations director), you get more reliable applicants if it's stated "pre-employment drug screen and background check" from the get-go. That weeds out undesirables. Too, like you mentioned...drug testing is a risk management maneuver.

I've had to refrain from cannabis in those jobs....esp. when you are working with a medically fragile population....random screening is, well...rampant.

Indeed, certain occupations like welding or other careers involving power tools (saws, nail gun, tool dye equipment)...one inattentive move, you can lose life/limb.

[armedoldhippy]

i used to do nuclear grade/x-ray tested welding for a living, welding fuel rod containers like were damaged at 3 Mile Island. i got stoned on the way to work, and in my jeep at lunch. never had a weld fail to pass x-ray. all we did was weld, however. no power tools etc. if i could do the job straight, i have no problem doing it high. i like how Canada has approached the situation - if you are a pilot, train engineer, ferry pilot etc, you can be random tested. everyone else, from what i have read, is protected by a citizens bill of rights. we USED to have some protections, now they are utterly trashed (for our own good, of course). where i am now, they occasionally do randoms, but they are not truly random. they pick out someone a supervisor does not like, or someone that fucks up regularly & test them plus 4 people that are obviously innocent. if you hit something with a fork truck & do over an estimated $50 in damages, you go to the hospital for a far more comprehensive array of tests, not the normal 5 screen like in the randoms. if positive, you are given the option of rehab or the road... companies that test are slowly giving it up. at one time, over 90% of companies nationwide did randoms, last stats i saw said under 65%...they are tired of having to let good folks go & re-train some other bozo off the street.

[WelderDan]

If I was still welding I would be stoned all the time, but I work on a high speed printing press. That mother will take a limb so fast it won't hurt until you realize it happened.