Fair or no?

[CG]

Washington State legalized marijuana awhile back. Personally I don't care, do what you want as long as it doesn't impinge on my rights. Ive never imbibed and Ive never used any of the oils, edibles etc. Not my thing.

At my honeys work they had a temp office worker. They liked her and after a period of time they offered her full time employment. She had to take a drug test ... failed, marijuana.

She says its not fair because marijuana is legal in our state. My thought is that she's a nitwit and the company is lucky they found out she is a nitwit. She new all along this was going to be asked of her if full employment was going to be offered. Something about having some edibles with her friends and this shouldn't effect her employment.

You be the jury haha.

[Boog]

Guilty. Failed. Gone.

[Ziegelsteinfaust]

I get people like feeling good, but it's annoying with marijuanas hypocrisy. When did getting high equal good? I get it cigarettes are bad, but I don't care if people smoke them. It does not effect there judgement.

[truckster]

I personally don't care if someone uses marijuana or not as long as it doesn't affect others.

On the other hand, if you know there are conditions to your employment and you fail to meet those conditions, too bad for you.

[FleetsidePaul]

I certainly have no problem with grown people doing what they like. But to me as someone that has abused substances. It's usually a sign of deeper problems. I know first hand.

I would have failed a drug test back in the day, And I was a good employee for 36 years. I was promoted 3 times. I took drugs because I was miserable and needed something to get me through the day.

Kicking someone to the curb with zero tolerance is not right in my opinion. There are reasons that people use drugs. Finger pointing and saying someone is bad before you even give them a chance when you don't know what they are coping with doesn't make them bad. Give her a chance. If she fails then fire her for incompetence. Drugs don't necessarily make you a bad person. They are only a symptom.

[4u2nv]

Originally Posted by FleetsidePaul

I certainly have no problem with grown people doing what they like. But to me as someone that has abused substances. It's usually a sign of deeper problems. I know first hand.

I would have failed a drug test back in the day, And I was a good employee for 36 years. I was promoted 3 times. I took drugs because I was miserable and needed something to get me through the day.

Kicking someone to the curb with zero tolerance is not right in my opinion. There are reasons that people use drugs. Finger pointing and saying someone is bad before you even give them a chance when you don't know what they are coping with doesn't make them bad. Give her a chance. If she fails then fire her for incompetence. Drugs don't necessarily make you a bad person. They are only a symptom.

Totally agree .
I have worked with people that should have been tested for other things , there was times I wished they had of had a dubby to chill them out

[special-K]

The thing with drug testing and marijuana use is it stays in your system for weeks, the buzz and affects last under 24 hours. It can be consumed in a way that a person is not ever on the job while under the influence, yet it remains in your system for a month.

The less toxic, the slower a substance leaves your body. Alcohol is terribly toxic. Your body expels it in 24 hrs. So you can be a drunk and keep your job as long as you don't drink until after work. Cocaine takes 72 hours. So you can do coke on Friday evening and be clean by Tuesday, risk it on Monday. I believe heroin is similar.

As far as being fair goes, yes and no. It's not fair because having weed in your system does not mean you are coming to work high or even using it during the work week. It also doesn't have long term effects on judgement. I know of prominent business people, pillars of society who smoke weed. You can still be high functioning. The stigmas that surround marijuana use comes from those who overuse it and probably wouldn't be the most function people without it. With the rest you would never know.

But a business has the right to set their own policies. Alcohol is legal but a business has the right to fire you for being under the influence on the job. The thing is, if you test positive for a notable alcohol level, you are under the influence. If you test positive for marijuana it means you smoked weed in the past month at some point. What you do on your own time is not the employers business, unless it affects your performance. This gal was performing well, so what is the issue?

Originally Posted by Ziegelsteinfaust

I get people like feeling good, but it's annoying with marijuanas hypocrisy. When did getting high equal good? I get it cigarettes are bad, but I don't care if people smoke them. It does not effect there judgement.

I'd say getting high became good when states' revenues from licensing and taxing the sale of alcohol began.

[best view]

If I wanted a particular job and they said you must wear a tie at work then I am wearing a tie and I hate ties ,same goes for drug’s

[Warrens69GMC]

Entitlement is the answer. They want it to be legal. Federally it is illegal. if your state has it legal, fine. Pass into a state that doesn't and get pulled over.

I don't care what you do, but if something happens (car wreck) and you fail a drug test, that's on you.

[72gmguy]

I don’t care if you use it but like others have said when you use it is the problem. If you don’t use it at work are you using while out and about? Are you using while just sitting at home? Also like others said is it leading to a bigger problem or stemming from a bigger problem? Personally my biggest issue is that everywhere I go and even driving in my car, I always smell that skunk smell!

[1968k20]

A person that I know has a medicinal marajuana card. He thinks it’s ok to drive because he has this card.

[KW5413]

Originally Posted by CG

Washington State legalized marijuana awhile back. Personally I don't care, do what you want as long as it doesn't impinge on my rights. Ive never imbibed and Ive never used any of the oils, edibles etc. Not my thing.

At my honeys work they had a temp office worker. They liked her and after a period of time they offered her full time employment. She had to take a drug test ... failed, marijuana.

She says its not fair because marijuana is legal in our state. My thought is that she's a nitwit and the company is lucky they found out she is a nitwit. She new all along this was going to be asked of her if full employment was going to be offered. Something about having some edibles with her friends and this shouldn't effect her employment.

You be the jury haha.

We are not aware of the type of business that is involved but, The Queen's (She is VP of Global HR) company is not only engaged with US Government contracts but, other country governments, as well. Many projects are security sensitive and require appropriate "Top Secret" clearances. Both company and interactive employees. The company is not going to risk multi-million dollar contracts for someone that wants to take even the occasional toke.

Anyone involved with the security products falls under governmental contract mandates. If marijuana is on a list of "Can't do's" and you test positive, you are...at the very least...suspended. FYI: Typical government contracts require random drug testing. Usually via hair follicles which hold drug values for quite a while.

[1slo64]

This happened in Colorado years back.

In a long-awaited decision, the Colorado Supreme Court unanimously upheld an employer’s termination of an employee who tested positive on a drug test due to his off-duty use of medical marijuana. Coats v. Dish Network, LLC, No. 13SC394 (June 15, 2015). Interpreting Colorado’s “lawful activities statute,” the Court held the term “lawful” refers only to activities that are lawful under both state and federal law. Since marijuana remains unlawful under federal law, although its medical use is allowed under state law, the Court refused to extend the protection of the statute to the employee.

[Gotenntitans]

I'm a high school math teacher in Arkansas. I know of two instances, for sure, where some of the gummy candy made its way on campus. Some irresponsible parents didn't keep their candy put away from the kiddos.

The Dad of some kids at the school owns a fishing bait shop. His shop is next door to one of our coach's family's feed store. Dad has a medical marijuana card. He walks around his bait shop smoking it off n on all day..........right next door to the feed store. The feed store folks are getting a buzz from the second hand smoke, literally. They're getting sick of smelling skunk all day.

I, personally, do not smoke anything. I like a cold beer or a mixed drink from time to time, but nothing in the way of weed. I just don't do it. If you need it and do it for pain relief, that doesn't offend me. If you're just a dopehead stoner dude who has lied and managed to get a card so that you can do it legally, then I have a problem with that.

My question is.........what if a teacher had a card and used the medical versions for pain in the privacy of their own home.......but then somehow someone found out about it. I'm sure the facebook sharks would have a feeding frenzy with that, wouldn't they!

To answer your original question.........ole gal should go look for another job. Plain & simple.

[lousyflyer]

There is not question as to fairness. If you apply for a job, expect to be tested.
A pre-employment drug test is the norm now, and I believe it is acceptable.

I do not agree with random testing after hire as this constitutes an assumption of guilt in the workforce.

Having worked in aviation since 1988, I know all about testing and the things people do to circumvent it, as well as companies that lie and abuse the right to test individuals.
I worked for a company in Waco that set up a breathalyzer station at the front door to catch drunks coming to work. About 20 people the first day got sent home with a warning about alcohol abuse. Sent home for the day, no harm no foul.

Turns out that mouthwash was the culprit, so certain individuals started using mouthwash in the parking lot before heading to the door, where they would get a free day off. The breathalyzer incident lasted about a week.

[FleetsidePaul]

We are talking about two things here.

#1 The people that are completely out of control, stealing for drugs and driving around wasted...No good.

#2 The people that are functioning, doing their work and the only thing that smokes them out is a drug test.(no pun intended)

And it does depend on the job. For instance. If I had a consultation with a heart surgeon and he or she walked in smoking a fatty I'd be out of there fast.

But what someone does on their off time should not be a concern to the company if it doesn't affect their job performance. If you show up to work on Monday stoned. Sorry... You're fired. But if you got stoned Saturday night. Who cares on Monday? That's your business.

I do not condone drug use whatsoever. I've seen too much damage caused from that to myself and some of my friends that didn't make it. But I also do not believe in telling people what to do. People will destroy themselves if they have something going on in their head and that's tough to beat.

I beat it and I thank God everyday. Because I was on the edge. Life is too precious to just kiss off. I feel very fortunate. I believe in second chances. Maybe because I got one and it worked.

I still have an addiction... I can't stop buying old cars. I think drugs were cheaper.

[Steeveedee]

If you know going in that a drug test is mandatory, that's the rule. However, until the amount of pot in a person's system can be determined to a "T", it may not be fair to eliminate them, given that their performance in this case is already good. That might have made a difference for the gal in the OP. Alcohol wears off over many hours, even if it was only one drink. It isn't just gone in one hour, it tapers off. I worked in defense for 31 years, 4 in the Navy and 27 as a civilian. There was no testing beyond the hiring one, except for in the Navy.

[Rickysnickers]

Originally Posted by CG

Washington State legalized marijuana awhile back. Personally I don't care, do what you want as long as it doesn't impinge on my rights. Ive never imbibed and Ive never used any of the oils, edibles etc. Not my thing.

At my honeys work they had a temp office worker. They liked her and after a period of time they offered her full time employment. She had to take a drug test ... failed, marijuana.

She says its not fair because marijuana is legal in our state. My thought is that she's a nitwit and the company is lucky they found out she is a nitwit. She new all along this was going to be asked of her if full employment was going to be offered. Something about having some edibles with her friends and this shouldn't effect her employment.

You be the jury haha.

I don't think it should be legal, period. However, even though the state may say it's ok, it's still a federally recognized illegal substance. Sorry, she's gone and i would have done the same thing if it were my company, here's your pink slip.

[KW5413]

"The Department of Defense requires defense contractors to establish and maintain programs that include drug testing of employees to achieve a drug-free workplace. These regulations apply to all contractors who require access to classified information and whose duties affect health, safety and national security.

Said drug testing programs must include random drug testing and must be consistent with existing local or State laws, if any. Unionized defense contractors with CBAs that did not provide for drug testing are directed by the DoD to make it an issue during the next round or bargaining with the union."


https://testcountry.com/pages/all-yo...t-drug-testing

[Gotenntitans]

Forgot to mention. At my school, bus drivers must submit to a random drug test, but teachers & other staff do not. I would have no problem with it......any time......unless I had been to the feed store for some deer corn when ole skunky smoky bait shop guy had been standing around.

[Tom]

If its a federal job, then this can apply. If its an in state only job and its legal in that state, they shouldn't be able to exclude it. They would be sued into oblivion if they tried that with alcohol, which has the same legal standing as weed in states where it is recreationally allowed.

[72gmguy]

You can be tested for alcohol instantly and get an accurate result. Is there a test for weed? How can you determine if someone is under the influence when driving?

[Grumpy old man]

With all the meth and fentanyl that's freely flowing across the border If someone (In a non critical ) job tests positive for pot their probably in a better mental state than 1/2 the people your on the road with after 5:00 everyday .of the week . Pot isn't legal in Tn , But every bar has a full parking lot most evenings . It's 2022 and in the current climate it will be legal federally soon just for the tax money it generates . Nobody really cares anymore . The saying used to be "nothing good happens after 12:00 at night " Now it's "Nothing good happens after 6:00 " if they can tell if you have Covid in 5 minutes they should have a test for pot that works just as fast . it's a lost cause . Buckle up !

[LONGHAIR]

My work is involved with the "Drug-Free workplace program" so testing happens frequently. Everyone gets it before the end of their 90 probationary period, then is subject to a random drawing every quarter.
It is zero tolerance for the first test, but after that there is a treatment program and retesting.
Of course, Ohio is an "at will employment" state, so they really don't need a reason to let anyone go at any time.

The real problem with weed is the way it stays detectable in your system long after the effects are gone. It's an unquantifiable thing.

I have long said that the BAC thing for driving is a problem. Sure, alcohol has a detrimental effect on driving and reaction times, no one disputes that. BUT, so does simply being old! I can 100% guarantee that there are a whole lot of people out there who can drive better at the "Magical" .08, than a lot of 80 year olds who are still driving! They are doing the typical government cop-out of testing the simplest thing, not the best thing. Your judgement and reactions are slowed, but by how much? What is the minimum standard? Oh, yeah....there isn't one.

I have known some hardcore alcoholics that are just not functional when totally sober. They were never "blasted", but never really sober either, they surfed the middle somewhere. I'm certainly not condoning that, but come on, what are we doing here?

[joedoh]

thats the problem, identifying impairment. i guess you can test positive for electric lettuce over 30 days after use, that makes it difficult because you can litteally drink to a blackout on friday night and come to work clean on monday.

a friend was an overhead crane operator, loading railcars. one of the ground crew left two tiedown bolts in the up position, nothing he could see from directly overhead, they pierced the container and he said it was like a cartoon hook yanking him out of the cab for an instant pee test + 2days off. he was clean but that was a scared straight bellwether moment for him, "why would i ever?" turned into "I would never!" in that moment.