Democratic presidential hopeful Bernie Sanders has become a superhero of sorts to the marijuana community by recently vowing to rid marijuana prohibition across the United States.
What type of issues might surface with regards to drug testing in the workplace if Sanders’ bill happens to show evidence to become successful and states are then permitted to progress forward with legalization efforts without any heat from Uncle Sam? “For employees in safety-sensitive or federally-regulated workplaces, it is reasonable to assume that legalization of marijuana would have little impact on existing drug-testing requirements,” Sagarin wrote.
“Private employers, in general, might have to navigate murkier waters. “Right now, with marijuana use illegal at the federal level,” she continued, “private employers generally have been able to continue with drug-testing policies that call for the termination of employees who test positive for marijuana use.
Even in states that have legalized recreational marijuana use, there are cases of employers successfully terminating employees for medical marijuana use.
There would be a significant difference between the current model of legalization here in the U.S., where states have essentially been permitted by the federal government to write their own respective pot policies and one where marijuana is no longer classified under the Controlled Substances Act.
Unlike alcohol, even when the consumption of marijuana is not recent, a worker suspected of being under the influence can easily submit a positive result.
As for now, some employers operating in legal marijuana states maintain a zero-tolerance policy on this issue.
Even the Colorado Supreme Court supports a company’s right to terminate an employee for using legal marijuana off the clock.
“Even in states that do not have employment laws like Colorado’s, companies that currently test for marijuana might reconsider once it is legal under both state and federal law.”
“Employers in states where marijuana is still banned are likely to keep testing for it even after it is descheduled at the federal level,” Sullum added.
As for federally regulated employees, such as truckers and forklift operators, Sullum speculates that these people could still be forced to submit to random drug screens for marijuana, “Although that might create a conflict with state employment law.
” Most private companies and federal agencies utilize a 5-panel drug screen to test their workers for cocaine, marijuana, PCP, amphetamines and heroin-allSchedule I and II substances.
“Of course the federal government and other employers have an interest in making sure workers are sober and able to perform their duties while they’re on the job,” Tom Angell with the Marijuana Majority stated.
“But because marijuana metabolites stay in the body for so long after use, what we have right now is a system that punishes employees for what they do on their own time when they’re not at work.
Rescheduling cannabis can help get the mindset back on job performance and not urine content, at least for federal employees.
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