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Question for those who live in legalized cannabis states. - 11/29/2013 1:44:22 PM   
MsMJAY


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How does the state law allowing cannabis effect employment at places with mandatory drug testing? Particularly for companies that may have federal funding or federal contracts? Can employees still be fired for marijuana use? Can the employer order their employees not to use even though the state law says they can?
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RE: Question for those who live in legalized cannabis s... - 11/29/2013 2:13:38 PM   
EdBowie


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In many states, they can already do so with tobacco

Cannabis, legal or not, probably wouldn't be any different, absent a specific employment law, like South Carolina passed protecting tobacco users.


quote:

ORIGINAL: MsMJAY

How does the state law allowing cannabis effect employment at places with mandatory drug testing? Particularly for companies that may have federal funding or federal contracts? Can employees still be fired for marijuana use? Can the employer order their employees not to use even though the state law says they can?

(in reply to MsMJAY)
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RE: Question for those who live in legalized cannabis s... - 11/29/2013 2:41:35 PM   
TheHeretic


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I don't think it has really settled out yet, but it's going to be a very interesting issue. As with driving under the influence, testing for immediate impairment is still a bit tricky.



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RE: Question for those who live in legalized cannabis s... - 11/29/2013 3:10:44 PM   
LookieNoNookie


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quote:

ORIGINAL: MsMJAY

How does the state law allowing cannabis effect employment at places with mandatory drug testing? Particularly for companies that may have federal funding or federal contracts? Can employees still be fired for marijuana use? Can the employer order their employees not to use even though the state law says they can?


Most companies in those states are changing their rules to now state "....or any drugs currently listed on the federal drug ___________...."

Or something akin to that.

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RE: Question for those who live in legalized cannabis s... - 11/29/2013 3:16:49 PM   
TheHeretic


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I was hoping you'd join this one, Lookie.



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RE: Question for those who live in legalized cannabis s... - 11/29/2013 3:22:27 PM   
directiveerror


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one job i have had testing as part of the interview and says drug use will get you fired....

another had drug testing as part of the interview, but at the interview the guy told me, "just lie on the questionnaire part, assume the questions are what you do at work i dont care what you do in your free time" i said "but i really don't smoke pot" ... and i didnt get the job

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RE: Question for those who live in legalized cannabis s... - 11/29/2013 4:56:46 PM   
LookieNoNookie


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quote:

ORIGINAL: TheHeretic

I was hoping you'd join this one, Lookie.




I don't know what we did...I don't handle that stuff in my office, but it was something along the lines of "follow federal laws" kind of phrasing.

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RE: Question for those who live in legalized cannabis s... - 11/29/2013 6:07:29 PM   
MsMJAY


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Thank you all for the answers. I was very curious as to how this was being handled. It came up as a question in one of my classes recently and not even the instructor new how it was going to be handled.

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RE: Question for those who live in legalized cannabis s... - 11/29/2013 7:29:02 PM   
TheHeretic


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quote:

ORIGINAL: LookieNoNookie


quote:

ORIGINAL: TheHeretic

I was hoping you'd join this one, Lookie.




I don't know what we did...I don't handle that stuff in my office, but it was something along the lines of "follow federal laws" kind of phrasing.



I wouldn't be surprised to learn that phrasing was originally suggested in a memo from the workman's comp carrier.

The legalized and medical mj states are a shining example of civil disobedience, but ultimately, the fix is going to have to come from the same level of government that launched us onto the fool's path of prohibition generations back. That would be the feds.

I'm not subject to randoms where I work now, but my old employer always let me know 24 hours in advance of a test, and the DOT physical was something I scheduled myself.

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RE: Question for those who live in legalized cannabis s... - 11/30/2013 7:19:05 AM   
Hillwilliam


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I just had to pass a federal background check and drug test for a new job.

Here is the quote from the employee handbook.

"An illegal drug is described as any substance deemed illegal under federal law regardless of its legality under state or local law"

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RE: Question for those who live in legalized cannabis s... - 12/1/2013 8:16:06 AM   
muhly22222


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I think it's important to throw in here that regardless of what the state says as to the legality of marijuana, you're still violating federal law if you possess or sell it. It's my understanding that the federal government isn't enforcing the prohibition of marijuana in states which have legalized it. That is, however, a matter of policy, not law, and could be changed if there were a new President or AG, or if Obama was feeling pressed politically and decided it would be more to his advantage to crack down on marijuana (this seems unlikely, though).

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