The “zero-tolerance, drug-free workplace” guideline has crossed into unknown terrain. Marijuana use, both as a physician-prescribed treatment and as a legal recreational substance, has now being lumped in with alcohol consumption. However, it is not the same thing. Learn more by visiting Bloom City Club Recreational Marijuana Dispensary Burton-Weed Delivery.
It’s worth noting that, while marijuana has been legalised in some states, it’s still prohibited on the federal level. This in itself demonstrates the lack of determination on this issue.
California and most other states that legalised medical marijuana in the 1990s have created some crucial restrictions in terms of what is legal in the workplace. California Proposition 215 (1996) allowed cannabis use with a doctor’s prescription, but companies can still hire and fire employees for any reason, including marijuana use. Prop 215 included this clause for employers.
Furthermore, a court ruling in 2008 (Ross vs. RagingWire Telecommunications) established that a prospective employee who tested positive for marijuana use during a pre-employment drug test could be denied a job. The plaintiff claimed that his medical condition needed it, but the court determined that he only has that privilege in a criminal situation, not in a civil one. To put it another way, the employer retains the right to make the final decision.
With the passage of California Proposition 64 (2016), which legalises marijuana for recreational use, it may appear that marijuana is in the same category as alcohol. For the time being, the precedent set in Ross vs. RagingWire applies. Most lawyers advise companies that want to prohibit its usage on and off premises, as well as during the workplace, to convey such a policy clearly and frequently.
When are drug tests performed and how do they work?
As a result, having a zero tolerance, drug-free workplace policy that outlaws marijuana usage remains legal and defendable. However, the employer should use caution in implementing such a policy.
Many employers do pre-employment drug tests for marijuana and other forbidden substances (typically, after a job offer is made, but conditional on the results of the test). This is particularly frequent in jobs that need a high level of safety, such as vehicle and equipment operators, but it may be applied to any position, including the executive suite.
Employers frequently demand a drug test from employees who have been injured on the job or whose behaviour indicate current use. However, it is strongly recommended that such instances be reported in advance (posted signage, employee handbooks, pre-employment paperwork, etc.).
But how effective is testing for marijuana use? Urinalysis and blood tests can usually detect recent usage; hair analysis, which is more expensive and less common, can detect use up to two months prior to the test.
The most common test is a urinalysis. It doesn’t detect active marijuana in the system; rather, it detects the inactive marijuana metabolite (THC-COOH), indicating that marijuana was consumed in the days and weeks before. This metabolite is normally out of the system in a few hours for the infrequent user. The metabolite can be noticed for a longer amount of time before the test for the regular user.