Drug Testing in MMJ and Legal Cannabis States

One of the (many) problematic issues that arises from the conflict between state and federal cannabis law is the still-legal vocational drug testing that screens for marijuana.

I have wondered about this for some time. In states that have mandated legalization (or even authorized medical marijuana), employers can still deny employment to, or even terminate employment of, people who test positive for marijuana use. A Colorado man who has long used medical marijuana was recently fired by Dish Network for no other reason than he tested positive for cannabis. Of course he did. His doctor has deemed it medically sound for him to use marijuana. No one gets tested for doctor prescribed Oxycontin (just look at Senator Patrick Kennedy, who was allowed to keep his job after crashing his car while lit on Oxy).

The courts strongly rely on marijuana’s federally illicit status when siding with companies who chose to punish employees who test positive for cannabis. A simple stroke of Obama’s pen could end this and the plethora of other ludicrous complications that arise from the conflict between state and federal law.

Even if he didn’t want to reschedule cannabis (which would solve so, so many problems), I find it hard to believe that he couldn’t do something to staunch the confusion. His administration has roundly stated that they will not interfere with state law in states that have approved medical/recreational marijuana, yet the prevalence of DEA raids and this asinine business with drug testing seems to fly in the face of this promise.

Cannabis in your system can be recognized by a drug test for 30+ days after it was ingested, while alcohol and many hard drugs leave your system in a matter of hours. That means a raging drunk or cocaine user can pass a drug test with flying colors.

Generally speaking, I think any drug testing is a breach of privacy. If your performance at your job falters you should be disciplined or terminated, but that should be totally based on performance. What you put in your body is your choice and if you’re doing your job well, it really shouldn’t be anyone’s damn business what you do with your free time.

It is actually bigotry to refuse to hire someone based on a positive cannabis test because you are making a snap judgement about their entire ability. While I don’t agree with states who choose to outlaw all types of cannabis, that is their right to do so and it is my choice not to live there. But when you’re using a substance that is legal in your state, companies should be barred from letting said substance affect their hiring/firing decisions whatsoever. It should be a new provision of the Equal Opportunity laws.

Fingers crossed that lawmakers pull their heads out of their asses and at least operate with some common sense. Cannabis has never been the problem, the laws that govern it have always been the problem.