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.
Maybe they would be less surly.
Hell NO!! It is against federal law!!
In Colorado, any employer can fire an employee for marijuana use, assuming that is against company policy.
Federal workers also include anyone who has a federal contracts. Have run into this issue, with medical marijuana workers losing their jobs because the company had federal contracts.
So is having a private server when you are Secretary of State. What’s your point?
IMHO.
Perhaps less surly, but also less efficient, if that is possible.
Federal law still considers pot use to be a violation of US federal law.
Don’t use if a federal govt employee.
(Supremacy Clause)
I am very wary of any federal worker NOT under influence of any drug.
Nope, though I have suspected many already were either “smoking something or where high on other mind altering drugs!”
There’s not a single square foot of the 50 states or the District of Columbia where it’s legal.
Nope. They’re dumb enough.
Does Excedrin count?
Is it actually a federal crime to consume marijuana. I know produce and sell but solely consume?
Hey, you talk like less efficient federal bureaucrats is a BAD thing...
I guess DMV employees are state level, so its ok for them. They could speed up a bit, IMHO.
Any employer can make and enforce rules about employees using drugs on and off duty. They can test for them and make positive test results a cause for termination.
This applies to any type of drugs including some prescriptions drugs.
Druggies are not a protected class of employees under anti discrimination laws.
LOL! How true. But at that level, testing is not done, while at the peon level all can be routinely tested.
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