Marijuana Laws And Drug Testing

By I Am Not Cheech Or Chong
Published/Last Modified on Thursday, October 22, 2009 5:33 AM CDT

With medical marijuana legal in the land of nuts and flakes and our Dear Leader easing up on federal laws concerning the herb, my question is about drug testing. If you live in a state where you can smoke it legally for medical purposes, and have a prescription, but you have a job where they test for drugs (including marijuana) what happens if you test positive for marijuana?

Of course this will quickly devolve into an argument over whether it should be legal, we have no morals, we're all headed to Hades in a hand basket, it should have been legal years ago, etc.  In all of the uproar that will surely follow, can someone answer my question?

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Comments

    Code 9 wrote on Nov 6, 2009 11:41 AM:

    " If you want to smoke pot that's your choice but your not working for any company that has drug testing policies.
    I don't care what the law says. I suggest
    that you hang dry wall or cut grass but you probably do that already. I know the guys that worked on my house were how would you say " layed back ". "

    Attorney at Law wrote on Oct 24, 2009 12:28 PM:

    " Bushmaster:
    To clarify, I was speaking on a civil liability point of view, not criminal.
    Criminal court said O.J. was NOT guilty. Civil court said he was liable/guilty.
    I agree with your analogy of alcohol impairment and the same would apply to anyone who has legally prescribed drugs and operates a vehicle/watercraft or other means of conveyance.
    If anyone chooses to drink, get high, pop pills, eat mushrooms or whatever more power to them. Just stay home and away from my family. "

    Bushmaster .223 wrote on Oct 23, 2009 6:14 PM:

    " If you're not "high" at the time of the accident you have no case Att at law. One has to be impaired. It can be anything legal or not. Point to ponder, booz was illegal for awhile, many gang related deaths. It is now legal, gang business went away. Many die every year from drunk driving acciedents. How many "die" from driving while high? Is it possible to be in a fatal accident going 5 MPH? Pot is no more dangerous than booz. Period. No, I don't smoke it. "

    Attorney at Law wrote on Oct 22, 2009 8:16 PM:

    " From a legal point of view, how can anyone determine if the marijuana was used "legally" or for the sake of argument, this so called "legal marijuana card holder" smokes for pleasure?
    I don't believe testing has become that sophisticated where it would reveal if it's medical weed or Willie Nelson grade "tour bus hydro".

    I fully understand the poster's question. Sadly, there won't be a clear answer for quite some time. "

    Attorney at Law wrote on Oct 22, 2009 7:53 PM:

    " I would suspect that IF a person has such an illness where medical marijuana is prescribed/required, their employment opportunities are limited. From a business owner's point of view, it's all about liability, liability, liability.
    If your delivery driver is involved in an accident with my client and is at fault, I'm taking you to court and I will win, medical weed or not. May not apply if you work in a factory that fold paper bags by hand.
    I believe the issue would have to be specifically address in the courts across the board, not individual states. "

    Mais Jamais wrote on Oct 22, 2009 4:35 PM:

    " The answer is simple. If you test positive for marijuana and have a valid out-of-state prescription to use it, your company reserves the right to decide what to do with you. They can also refer you to the law which might have bigger consequences than simply losing your job. Here's my ACORN recommendation: Quit your job and move to the state you have the prescription in...file for disability, since you are basically unemployable, and get high on government assistance. Ain't America great?

    VOTE LIBERTARIAN! "

    Acadiana Atheist wrote on Oct 22, 2009 3:55 PM:

    " ME....He didn't say this state! He said a state ! You should learn to re-read the statement/question before you snap back at everyone. "

    What wrote on Oct 22, 2009 3:27 PM:

    " He wrote:
    " If you live in a state where you can smoke it legally for medical purposes,..."

    You wrote:
    " You are employed in a State where the usage is illegal. "

    That has nothing to do with what he asked. "

    Not Cheech wrote on Oct 22, 2009 2:12 PM:

    " Hey Me, the answer you gave was fine, but only if it was for a different question. This is EXACTLY what I asked "If you live in a state where you can smoke it legally for medical purposes, and have a prescription, but you have a job where they test for drugs (including marijuana) what happens if you test positive for marijuana?" IF,IF,IF. That is IF you live in a state where it is legal. Your answer had NOTHING to do with my question. "

    me wrote on Oct 22, 2009 1:59 PM:

    " I thought the answer I gave was clear. You are employed in a State that does not support the legality of using medical marijuana and your policies are properly in place, you will lose your job. The law is clear on the matter. You may fight the decision to fIre or not in Court and set a precedent. I answered the question as posed. I am not for or against the usage, I simply answered the question. LOSE THE HOSTILITY!!!! "

    Acadiana Atheist wrote on Oct 22, 2009 12:51 PM:

    " That's a great question. I think that if you have a doctors note for it and the state has made it lawful, then you would be able to keep/get a job that requires a drug test.

    I am pro Marijuana and hope that more states make it legal. They can sell it and use the taxes to payoff debts and help with other issues.

    The great thing about our country is that if you don't like it when your state passes legislation that you disagree with, you are free to move to another state with similar views. "

    What wrote on Oct 22, 2009 12:27 PM:

    " To "me" and "To Not Cheech Chong"

    How do your responses in any way answer the question that was posted?

    What he's asking is, *if* it's already legal for you to use it can an employer fire you for doing so.

    To answer, since companies are not legally required to drug test in the first place, they are probably free to discriminate as they please. "

    I Am Not Cheech Or Chong wrote on Oct 22, 2009 10:02 AM:

    " This is for "To Not Cheech Or Chong" and for "Me." Hey "Me" please go back and read my second sentence. To "Not Cheech" where in my post did I allude that I want people to smoke dope? My question was about the conflict of two laws. In California you can smoke it with a legal prescription, but some jobs will fire you fro smoking. That was ALL my question was about. Was that really that hard to understand? I knew this would devolve into an argument, but I at least thought my question would be understood. "

    To Not Cheech Chong wrote on Oct 22, 2009 8:51 AM:

    " No, it should not have been legalized years ago. If you still have a job and want to keep it, don't use it. I guess you want the United States to all be a bunch of zombies in the unemployed world. "

    me wrote on Oct 22, 2009 8:31 AM:

    " You are employed in a State where the usage is illegal. You will lose your job or be subject to the penalties set forth by the company. It is that simple. "

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