New Drug Laws = A Question

So Colorado and Washington state have legalized weed. So now I go to CO and legally purchase an OZ of some kush and then proceed to smoke it down while in that state.

So now I get drug tested at work. Now since I have not broken any laws could I still be subject to any type of punishment?

Now I know it would depend upon the specific language of my employment agreement but say it has something fairly generic about illegal drug use.

 

not really sure, but i know you like to use the word NOW a lot . lol

 

My guess is some companies are going to start looking at the wording in their HR policies.

 

Companies base their drug testing on FEDERAL law. Not states. It sucks, but it is the way it is. Until the feds pass it, you can be jacked.:down:

 

^ Metalhëd, on every multi-state corporation website I look at for submitting a resume, it almost always asks about misdemeanors - and tells you if you're a California resident to not Disclose misdemeanors related to pot use. There are various other state localizations.

To the OP, I think the company will set the policy - no drug use - regardless if it's legal somewhere. That's their prerogative.

For example, I honeymooned in Jamaica, mon. Didn't mean I couldn't be tested back home (and fail if I'd smoked. Before you ask, no, I didn't, and don't).

 

Can you come to work with alcohol in your system?


Ride safe,
AAron

 

This....
If you show up, and say you have an accident, and test positive for drugs...you are probably SOL

 

I'd hold off on going to the bake sale just yet... it ain't a done deal by any stretch. And if it were, think of it this way: Liquor is legal, but test positive at the workplace and things may not go too well for ya.

 

Yep, and people do it all the time when hungover, and still affecting the person. Of course by the time they tested this person if there was an accident the alcohol would probably be out of their system by then. Marijuana stays in fat cells for up to 30 days or more, but has no affect on the user a few hours later, much less weeks later. Just shows again how horrible our 'drug' tests are.

 

Weed is NOT legal in jamaica , mon . (Or amsterdam )

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1147.html

 

Well if your job allows u to come to work intoxicated (alcohol in system) then I don't think you have to worry about weed.
But what I think you are saying is that you are upset weed stays in your system longer than Alcohol. I certainly won't argue that both can be detrimental to people and the employer should be concerned about how they can affect an employees performance.


Ride safe,
AAron

 

Not really upset that it stays in the system longer, just that because it does it can be used as a reason for an accident up to 30 days after use when it had nothing to do with it.

I have seen people at pretty much every place I have ever worked come into work hungover and nobody even thinks twice about it, or says anything about it. I have never seen anyone get randomly checked for alcohol in their system at any job, but there are plenty of pre-hire and random drug tests (again this test does not check for the drug alcohol). If people were really worried about drug use (not just catching random people that smoked pot in the last 30 days) there would be some other form of drug testing. People get all wound up on redbull, and coffee, but nobody seems to worry about those people screwing anything up, and again no test for that if there is an accident.

 

Just because you have alcohol in your system does not mean you are intoxicated.

If the language of an employer's drug policy limits itself to illegal drug use and you went to CO and legally used marijuana and then were drug tested and were terminated then I could the potential for both parties ending up in civil court.

 

True, but again lots of people that come to work hungover are still at least a little intoxicated. If they were to get pulled over on their way to work and get a breath test most would end up with a DUI. My point is that as usual people flip out over people smoking pot, but do not worry at all about people who drank the night before, or use massive amounts of caffeine to stay awake at work. Also just because you have THC in your system does not mean you're high, especially hours, days, weeks later.

 

Happens all the time. Random tests where I work check for alcohol and 5 different types of drugs, incl THC. As a consultant, 1 "pop" and I'm done. By the way, company policy states no alcohol use for 5 hours prior to scheduled work AND prior to a call out.....so no OT for you if you drink every night.

When I supervised for the same company, I probably sent 10 people down for "for cause" testing, only 1 failed. Most accidents, violent disagreements or other reasons for testing are NOT due to drugs/alcohol...but then we're a very tightly controlled environment. Not so sure how it would be in a more normal work place. (By the way, Nuke plant)

 

Have you ever been at a bar with someone that orders a beer you never had before and take a pull or two off their beer to see if you like or not?

Even if I were to drink (1) beer at lunch I would not be intoxicated.

Alcohol in your system does not equal intoxication.

Right now I am looking for a job. I go out to CO and smoke an OZ of the kush. Now I apply at a company with a drug policy that is worded using illegal drug use.

I can furnish them with dates, plane tickets, hotel receipts, etc. I can see this turning into a legal nightmare for the time being.

 

ok , ok , it breaks down like this . it's legal to buy it , it's legal to own it , it's legal to smoke it , but you can't just walk into a restaurant , roll a joint and start puffin away .....

 

Pardon me but, if you drink any alcoholic drink you will be intoxicated to some extent. You personally may be less susceptible to alcohol than other people but it will still be in your blood. Take a look at the link below and punch in some numbers to get an idea of just how alcohol will affect you.

http://www.ou.edu/oupd/bac.htm

 

Nope , 6th paragraph under crime ...

Illegal drug use is prevalent in some tourist areas, leading to numerous U.S. citizen arrests and incarcerations in Jamaica every year. Possession or use of marijuana or other illicit drugs is illegal in Jamaica. U.S. citizens should avoid buying, selling, holding, or taking illegal drugs under any circumstances. There is anecdotal evidence that the use of so-called date rape drugs, such as Rohypnol, has become more common at clubs and private parties. Marijuana, cocaine, heroin and other illegal narcotics are especially potent in Jamaica, and their use may lead to severe or even disastrous health consequences.

 

No you will not. Look up the definition of the word and then try to apply some common sense.

That calculates BAC which is another BS thing.

While BAC and intoxication are related they are two separate things.