It is essential to understand that marijuana is legal for both recreational and medical use in some states across the USA. However, if you have THC in urine, blood, or hair after drug screening, your employer can fire you or terminate your contract.
You should remember that legal use of medicinal or recreational weed depends on the state in which you live in. Of course, you have to understand that cannabis is still illegal when it comes to federal law.
The main reason for its legislation is due to medicinal benefits that you will get with it. You can consume it for specific chronic illnesses as well as severe pain that you are experiencing. The idea is to carry a card with yourself, and you will be certified.
However, you will need an appropriate recommendation from your physician that can prescribe medicinal marijuana. The main problem is that THC stays in your system for days and in some cases weeks, which means that you will fail the drug test.
Even though most people search online for an answer on the question “can you pass a drug test in a week?,” you should know how the law works so that you can protect yourself before employer fires you due to the consumption of medical cannabis.
In other states, weed has become legal for recreational use, which means that you can consume it similarly as alcohol, but you will still be considered as impaired, and you cannot work or drive under the influence.
Since most employers are afraid of liabilities that could happen when they hire someone who abuses weed, they are conducting various types of drug screenings with an idea to maintain drug-free working environment based on company’s policy.
Drug Testing Laws
You should have in mind that under federal law, the consumption of cannabis is illegal, which means that employers can easily regulate working places and if someone has THC byproducts in urine, for instance, he can be fired.
On the other hand, in specific industries that are regulated by federal government regulations, conducting drug screenings as part of the hiring process and randomly is mandatory.
Remember that non-federally regulated employers do not have a mandatory requirement to conduct screenings. Therefore, you should check out local and state laws as well as governments that will create regulations that employers have to follow.
According to regulations, employers have legal rights to create the company’s policy about drugs with an idea to maintain an alcohol and drug-free working environment.
Therefore, they can quickly test both employees and applicants, but the employer has to provide drug-testing policy beforehand. You should learn more on employment drug screenings by clicking here for more information.
In some specific cases, employers will condition your offer of employment based on the results of screenings.
Have in mind that the employer has to state the policy in the job description so that everyone could see it as a written agreement that you have to follow as a potential employee. Some employers feature systems that are directly addressing the consumption of cannabis.
Weed Drug Testing Issues
The main problem with cannabis and weed in general starts with the idea that in some states, you can consume it legally for both recreational and medicinal uses. However, the main difference between marijuana and alcohol is how they are passing your body.
When it comes to alcohol, you should remember that it does not linger in the bloodstream, which means that an employer can detect only current intoxication — on the other hand, consuming weed a week before a test can make you fail.
Therefore, when you fail the test, it does not mean that you are currently impaired, but the tests are showing the previous usage that happened in the last few weeks, and for some tests, the span can go up to three months.
The main problem happens due to the technology of weed testing because it is not accurate when it comes to current impairment. Since there are no on the spot testing, it is highly challenging to create a sound threshold level that you can have in your urine or blood.
When you consume medical marijuana, it means that you have to do it due to some health issue that you want to cure with it. However, an employer can fire you because you tested positive on a drug test.
Therefore, you should consider this particular act as workplace discrimination. Since no technology could determine the current levels of THC that you have during the time the screening is performed, it means that they are firing you for a joint you smoked in your free time.
That is why most state and local laws are creating ways to reduce these issues and discriminations by protecting people that are consuming medical marijuana.
Of course, we have mentioned above that specific industry such as being a pilot or truck driver requires you to be clean, and federal laws require mandatory drug screenings.
Therefore, they have a legitimate basis for firing someone who consumed cannabis beforehand, even if it was for medicinal purposes.
However, if the employer does not have to comply with federal laws, he/she has to provide actual reasons and carefully determine the reasons for firing someone who consumed medical cannabis after failing a screening.
The best way to see the history of weed criminalization and decriminalization is by entering this site: https://www.heretohelp.bc.ca/visions/cannabis-vol5/the-legal-history-and-cultural-experience-of-cannabis.
Have in mind that some states such as New York and Nevada started considering medical cannabis users as legally disabled, which means that law against disabilities is protecting them from contract termination.
These laws mean that employers have to accommodate the needs of each employee, even the one that holds the card for medical cannabis consumption.
At the same time, in Nevada, employers cannot refuse job applicants if they are positive on THC, which means that it is the first state that completely protects employees and consumers.
Since these states are considering people who consume medical marijuana as disabled, employers cannot legally fire them after failing a drug test. However, this applies only if the employee is doing it outside of the job, and it is vital that the consumption is not affecting the safety of the public, other employees, and everyone in the workplace.