Legal question: You smoke marijuana in a state where it is legal and then

[mfcorey1]

Last edited Fri Dec 7, 2012, 08:40 AM - Edit history (1)

return on the weekend to your job in a state where it is not legal. You have to take a drug test for your job that ends up positive. Are you exempt on legal grounds because the substance was ingested in a legal place? Just wondering.

[PoliticAverse]

1. Apparently not, see...

http://jobs.aol.com/articles/2011/06/20/if-medical-marijuana-is-legal-why-are-employees-get-fired-for-u/

http://www.rdbutlerlaw.com/blog/employee-drug-testing-after-i-502/?utm_source=rss&utm_medium=rss&utm_campaign=employee-drug-testing-after-i-502

[customerserviceguy]

2. Forget about state lines for a moment

Would being either a resident of Washington or Colorado and engaging in pot smoking (on your own time) be something that voids your own WA or CO workplace's work rules about drug/alcohol use?

In other words, did legalization of marijuana have any effect on the employer's testing policies in either state?

[Warren Stupidity]

3. Boeing already announced "no change".

Companies can set any regulations they choose as long as those regulations are not in violation of our minimal federal and state workplace laws.

[green for victory]

4. from the 2nd link above:

Employee Drug Testing After I-502

Despite this change in the State law, employers throughout the state will continue to drug test employees. The new marijuana law does not include any protections from workplace drug policies. Employers can discriminate against applicants and employees who use marijuana just as they could before I-502 went into effect....>..
http://www.rdbutlerlaw.com/blog/employee-drug-testing-after-i-502/?utm_source=rss&utm_medium=rss&utm_campaign=employee-drug-testing-after-i-502

oh by the way, another new law went into effect yesterday but it doesn't get much press--

Washington Marijuana DUI Law To Take Effect on December 6, 2012

Under the new law, set to go into effect on December 6, 2012, the presence of 5 nanograms of THC in a state approved blood test within two hour of driving creates a per se DUI akin to a .08 level of alcohol...

Because the established legal limit is so low, it is very likely that anyone who uses marijuana on a daily basis for medical and therapeutic purposes will find themselves over the new legal limit at virtually all times.

http://www.washingtondui.com/blog/I502-washington-marijuana-dui-law-changes

[unblock]

5. just to be clear, marijuana is illegal everywhere in america.

washington and colorado no longer have STATE laws making it illegal, but it's still illegal under federal law.

no one would say that's "legal" not to pay your federal income taxes just because they live in a state that doesn't have a law regarding nonpayment of federal income taxes.

[hack89]

6. Companies in Washington and Colorado can still fire employees

if they flunk a drug test - they have that right.

And you will still see it illegal on most college campuses that receive federal funding - they won't risk losing that money.