# Legal drug use & employer drug tests

**URL:** <https://boards.straightdope.com/t/legal-drug-use-employer-drug-tests/505326>\
**Category:** Factual Questions\
**Created:** [August 4, 2009, 7:48pm UTC](https://boards.straightdope.com/t/legal-drug-use-employer-drug-tests/505326 "2009-08-04T19:48:34Z")\
**Posts on this page:** 5\
**Page:** 2

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**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\
**Post date:** [August 7, 2009, 7:20pm UTC](https://boards.straightdope.com/t/legal-drug-use-employer-drug-tests/505326/21 "2009-08-07T19:20:36Z")

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We had similar situations when I worked in H/R, we used to hire interns from the Netherlands a lot.

The “hidden” fact was simple, in the form you signed for the drug test, we used to say “MAY.” In other words, we “MAY” test for…and of course marijuana was on that list.

In reality we didn’t test for marijuana at all, but it was put there to scare people off.

When I asked the Director of H/R she said “We test for illegal drugs and if the drug wasn’t illegal at the time we wouldn’t make an issue of it.”

Of course this only applied to the applications. Certain jobs, like those who drove the hotel van, were subject to much more strict regulations and at least one of the drivers was tested randomly each month.

So there may be two drug policies in place, one for potential hires and another one for people who have jobs that make it necessary to test for drugs and alcohol for saftey reason, such as drivers.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [August 7, 2009, 7:34pm UTC](https://boards.straightdope.com/t/legal-drug-use-employer-drug-tests/505326/22 "2009-08-07T19:34:06Z")

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> [@BrandonR](#):
>
> Let me describe a potential scenario though… It’s my understanding that many workplaces only drug test in the first place because they get some kind of government tax credit (it’s pretty costly to drug test). So if the government legalized drugs and removed the benefits, it seems like a lot of workplaces would ditch drug testing in the first place (regardless of their personal opinion in the matter).

I’m not so sure about that. If you Google, you’ll find basic drug screening kits as low a 45 cents each – and that’s not even for a huge bulk purchase. Even at a medical lab, a routine drug test probably doesn’t cost an employer more than $10.

Look at ads for companies like contractors, home cleaning services, etc. where strangers come into your house. They make a big deal to point out that their employees are bonded, licensed, subject to drug tests and other things that make you feel safe. My daughter had to take a drug test before she could work at a _pet store_.

I had to take a drug test before I could work for a temp service. In fact, they had a couple of people who started an assignment before the test results came back, and were fired when the test came back positive. I think those companies consider the ability to claim a drug-free workforce outweighs the cost of a routine drug screen.

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**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\
**Post date:** [August 7, 2009, 10:12pm UTC](https://boards.straightdope.com/t/legal-drug-use-employer-drug-tests/505326/23 "2009-08-07T22:12:29Z")

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> [@Pearson\_Flyer](#):
>
> Oh, I wasn’t saying I would show up to work high. I’m just saying if I smoked in a place where it was legal, and then (days) later returned home, where it wasn’t, I haven’t broken a single law.

If it’s still in your system enough to show up on a test, it’s still adversely affecting you. Just as in the example above, booze is legal but showing up for work under the influence of booze is not a good thing.

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**Author:** ![JFLuvly](https://avatars.discourse-cdn.com/v4/letter/j/ac91a4/32.png) [@JFLuvly](https://boards.straightdope.com/u/JFLuvly)\
**Post date:** [August 8, 2009, 3:16pm UTC](https://boards.straightdope.com/t/legal-drug-use-employer-drug-tests/505326/24 "2009-08-08T15:16:16Z")

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We had this discussion the other day about the silliness of piss tests for marijuana. Piss tests are a big thing for people going to Alberta to work in the oilfields. If someone wants to cheat the test there are many ways to do this, for example, the Whizzinator or a flush.

I know alot of guys who work 20 days on and 8 days off. If they go to a party and smoke a joint on their days off, I don’t see how this could affect their work performance a week later. I would trust my life with the guy who smoked a joint last night before I would trust the guy who spent the night before drinking to much.

The latest rumor that I have heard is that the companies may discontinue the testing because many people are switching over to smoking crack because it does not stay in your system for very long. I have heard this argument for years…“I can’t smoke a joint on my days off, but the guy operating the backhoe is smoking crack on lunch break.”

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**Author:** ![BrandonR](https://avatars.discourse-cdn.com/v4/letter/b/779978/32.png) [@BrandonR](https://boards.straightdope.com/u/BrandonR)\
**Post date:** [August 8, 2009, 3:22pm UTC](https://boards.straightdope.com/t/legal-drug-use-employer-drug-tests/505326/25 "2009-08-08T15:22:30Z")

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> [@Clothahump](#):
>
> If it’s still in your system enough to show up on a test, it’s still adversely affecting you.

Huh? No it’s not. A high from smoking marijuana lasts a few hours at best, but can show up on a urine test for a week (or months if they test hair samples). It’s not like alcohol where if it’s detectable it’s likely still affecting you… Worse yet, you don’t even have to smoke it yourself to have a drug test come up positive – you could simply be at a party where others are doing it and it’s in the air.

That’s why I think drug tests for marijuana is silly. What employees do in their off-time is their business as long as it doesn’t affect their work. If someone shows up to work high, then fine, fire them. If they show up high and you can’t tell and you need a drug test to verify their inebriated state, then clearly the drugs weren’t affecting their work that much to begin with.

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