Posted on 07/31/2018 2:18:11 PM PDT by Kaslin
This is a question we batted around back in June, in that case applying to workers in the private sector. If you live in a state where marijuana has been legalized, either for medical or recreational use, can your employer fire you for failing a drug test even if you were only using marijuana in off work hours? It turns out the answer is generally yes, though it’s a bit complicated.
Today the same issue arises for public sector workers. Government Executive examines the question of whether or not federal workers should legally be allowed to fire up a joint after they leave the office and still keep their jobs. That’s not currently the case, but there’s a bill under consideration which would make it legal for them to do so.
A bipartisan pair of lawmakers introduced a measure to ensure federal employees who use marijuana legally in their home states are not penalized, potentially reversing current policy that prohibits such consumption in all circumstances.
The Fairness in Federal Drug Testing Under State Laws Act (H.R. 6589) would prohibit federal agencies from using a failed drug test as the sole reason to deny or terminate employment for a civil service position. The measure would exempt positions requiring top secret security clearances and failed tests that result from probable cause, such as suspected impairment on the job. The measure was introduced by Reps. Charlie Crist, D-Fla., and Drew Ferguson, R-Ga.
Crist was inspired to put the bill forward because of the large number of veterans in his district, an aide said, who are disproportionately employed by the federal government. Recent polling from the American Legion found that more than one in five veterans currently use cannabis to treat a medical condition.
I hate to keep using the same phrase, but it’s still complicated. In terms of strict legality, the main reason that private sector employees can still fire pot smoking employees is they can have a company policy stating that it’s a firing offense to be in violation of federal law, and marijuana is still illegal at the federal level. When you’re talking about federal employees it would seem to be an almost automatic disqualifier.
This sounds like Congress is thinking about passing a law which essentially voids portions of another federal law (regarding marijuana possession) under specific circumstances without going back and changing the drug laws to remove pot from Schedule I of the Controlled Substances Act. Even if that’s constitutionally allowable it sounds as if they’ll still be leaving a confusing mess for everyone to clean up.
Now here’s where it gets more complicated. Crist is making the argument that a significant number of veterans are both federal employees and taking medical marijuana prescribed by a doctor in states where that’s legal. That makes for a much more appealing pitch than just giving a free pass to recreational users. But even in the states where medical marijuana is legal, it’s still technically a federal crime.
The last point to make is that it’s harder to tell if someone is stoned on the job as compared to somebody who is drunk. If you smell like booze and your blood alcohol content level is above a certain point, you’re drunk and they can fire you. But you might have smoked pot the night before and still smell like it (if you don’t shower often enough) and it will show up in a blood test for weeks as compared to only hours for alcohol. How will supervisors know if an employee was just toking a joint the night before (does anyone say that anymore? Dear God I’m getting old) or if they were firing up in the parking lot right before coming into the office?
For the final time… it’s complicated.
“can your employer fire you for failing a drug test even if you were only using marijuana in off work hours? “
Where I work, people have been fired for being injured on the job, with THC in their system.(I do not know the level at which you fail the wizz test) All claimed it was from the night before or 2nd hand smoke. They still get workman’s comp. until healed up.
Colorado.
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Federal law still considers pot use to be a violation of US federal law.
Don’t use if a federal govt employee.
(Supremacy Clause)
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Supremacy only applies when it is a lawful Federal authority. The ‘War on (some) Drugs’ is not within Fedzilla purview; like any/all ‘gun control’ “laws”, SS/MediXYZ, DoEd/EPA/TSA/NSA...
I’m continually amazed the speed @ which the “(R)N(C)” will throw out the Constitution when it’s their pet-project/Uncle Sugar attacked.
I say each state should legalize it and tax the piss out of it. Take a look at Colorado finances - they have collected more taxes than what they know what to do with. They also can’t make refunds because direct deposits can’t be made to federally insured bank accounts nor can checks be issued and subsequently deposited in federally insured banks. Perhaps they were smarter than what we gave them credit for....
Not at work and if they’re under the influence they should be fired. Certain jobs also should require abstinence from pot smoking... Air traffic control, armed personnel etc.
Maybe just right at their desks at the DMV. It couldn’t really get worse.
So is having a private server when you are Secretary of State. What’s your point?
“Federal law still considers pot use to be a violation of US federal law.”
The Feds have zero Constitutional authority to tell adults what they can or can not put into their own bodies.
None.
L
“Should federal workers be able to smoke pot where it’s legal?”
If the federal workers have good lungs, can get the doobie lit, and know how to inhale and exhale then they should be able to smoke pot where it’s legal, and where it’s illegal, and anywhere else. Seriously how hard is it to smoke pot?
No for various reasons such be it first against Federal law and because it incapacitates them from gun ownership and access to job related information baseed on Security clearances. Finally it is different from alcohol which dispates one ounce per hour, but pot lingers for weeks or longer thus many people with ADD / ADHD become mentally diminished by their usage. Weed unlike racial and gender preferences is thus incapable of being regulated by simply making laws.
Tell law enforcement that when you are driving a car and you are pulled over.
I’m not sure why either but I am sure most people are able to smoke pot.
Unless they have a certain level security clearance, they cannot be drug tested....not likely to be “punished” for smoking pot unless they really try hard to be especially noticed.
The ones that want to have just proven their worth. Tell them, “sure. Smoke all you want because you’re fired”.
There is a law. Challenge at Supreme Court, over-turn it, but the question was should federal employees be allowed to use MJ.
Be a federal employee and use, then don’t be surprised by getting fired if caught.
As posted earlier, challenge up to Supreme Court or through Congress, over-turn the law, but the question was should federal employees be allowed to use MJ. The smart answer is ‘no’ because it remain a violation of federal law.
Sure. Why not?
Just not during business hours.
“Tell law enforcement that when you are driving a car and you are pulled over.”
How often do drivers get pulled over by federal law enforcement or get cited for violations of federal law?
“The smart answer is ‘no’ because it remain a violation of federal law.”
That’s the big government nanny answer. The smart answer is that an employer sets such policies for its employees.
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