# You Know You're Going To Fail A Pre-Employment Drug Test **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 31, 2017, 11:21pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541 "2017-07-31T23:21:17Z")\ **Posts on this page:** 20\ **Page:** 6
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [August 2, 2017, 8:01pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/101 "2017-08-02T20:01:30Z")
> [@Chronos](#): > > … > And while we’re at it about honesty, let’s cut the equivocation. Someone who shoots up heroin uses drugs. Someone who smokes marijuana uses drugs. Someone who drinks beer uses drugs. Marijuana’s relative safety compared to opiates or amphetamines doesn’t make it not a drug. Its state of legality does not make it not a drug. Its botanical origin does not make it not a drug. It is a drug. Yes, and someone who drinks a cup of coffee before work is using mind-altering drugs on the job. And yet the vast majority of employers are okay with that. And the vast majority of employers shouldn’t have any substantive problem with an employee who occasionally indulges in pot on the weekend. Some do object, and I absolutely consider it a point against them, even though I don’t use pot. I prefer my employer doesn’t encroach into my private life. I was drug tested once. I had no idea they would ask for a test until after I had accepted the job offer and given notice to my then-current employer. I didn’t have any major concerns about passing it, but I was furious, and considered begging to keep my current job, despite the fact that my employer was going out of business. (But slowly. It was time to leave, but there was no urgency to do so.) That company turned out to be a decent employer in all other ways. But I’m definitely on the “no testing” side. As for the legality of firing someone for using pot in compliance with state law…That’s currently an open question in many jurisdictions, and may be in flux. Most states that legalized recreational cannabis still allow companies to ban it outside of work hours: > **[Can Employers Still Drug Test Where Marijuana Is Legal? - Law360](https://www.law360.com/articles/874547)** > > It would be great if the new rules surrounding marijuana legalization and employer drug policies were clear, stable and uniform from state to state and across the country. However, especially with an incoming right-leaning cabinet, the reality is ... The usual argument is that because it remains illegal under federal law, a company can forbid its employees from using cannabis even if the use is locally legal and doesn’t impair the employee’s performance. But a recent court ruling in MA, citing anti-discrimination laws, said a company couldn’t fire an employee for using medical cannabis. > **[Ruling means Mass. companies can’t fire workers for medical marijuana - The...](https://www.bostonglobe.com/business/2017/07/17/sjc-rules-mass-companies-can-fire-workers-just-because-they-use-medical-marijuana/nxPMEGF0uzbjawXeCkA35J/story.html)** > > The SJC’s decision said employers can’t use blanket anti-marijuana policies to dismiss workers whose doctors have prescribed the drug. > [@](#): > > Advantage Sales and Marketing had argued that Barbuto’s firing was justified because marijuana is illegal under federal law, and that permitting her to use it, even outside of work hours, exceeded the “reasonable accommodation” required by antidiscrimination laws. > > Gants rejected that claim, writing that “the only person at risk of federal criminal prosecution for her possession of medical marijuana is the employee,” not the employer. Note that this was a “poster child” case of an employee doing nothing wrong. She has a clear diagnosis, a medical prescription to consume small amounts of cannabis before supper (after work) to treat the condition, and she explicitly disclosed that when she was hired, and the hiring manager told her it wouldn’t be a problem. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 2, 2017, 8:12pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/102 "2017-08-02T20:12:20Z")
> [@drewder](#): > > One thing I have noticed however for my friends who used drugs is that they stopped maturing the moment they start taking the drug. So, you’ve discovered immortality?! ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [August 2, 2017, 8:19pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/103 "2017-08-02T20:19:07Z")
> [@drewder](#): > > I don’t know about aspirin, although I don’t believe there is much abuse potential for aspirin, but caffeine isn’t doing you any good either. One thing I have noticed however for my friends who used drugs is that they stopped maturing the moment they start taking the drug. For example if they start using pot at 14 they remain mentally 14 until they manage to stop using. At which point they begin to mature at the normal rate so a year later they’re 15 year olds. Wow, this is complete bullshit. Got a medical cite, something peer reviewed?:dubious: ---
**Author:** ![Evan\_Drake](https://avatars.discourse-cdn.com/v4/letter/e/b487fb/32.png) [@Evan\_Drake](https://boards.straightdope.com/u/Evan_Drake)\ **Post date:** [August 2, 2017, 8:20pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/104 "2017-08-02T20:20:21Z")
> [@drewder](#): > > I don’t know about aspirin, although I don’t believe there is much abuse potential for aspirin \*I saw the best minds of my generation destroyed by madness, starving hysterical naked, dragging themselves through the negro streets at dawn looking for an angry fix of aspirin. \* > [@](#): > > One thing I have noticed however for my friends who used drugs is that they stopped maturing the moment they start taking the drug. For example if they start using pot at 14 they remain mentally 14 until they manage to stop using. At which point they begin to mature at the normal rate so a year later they’re 15 year olds. Judging by those I’ve met, you are entirely too generous to druggies. ---
**Author:** ![steatopygia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steatopygia/32/3132_2.png) [@steatopygia](https://boards.straightdope.com/u/steatopygia)\ **Post date:** [August 2, 2017, 8:23pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/105 "2017-08-02T20:23:28Z")
> [@TruCelt](#): > > You are probably safe, as long as you don’t make yourselves inconvenient to any highly-placed Republicans. Watch over the next few months; you’ll see it’s a vulnerability they intend to exploit. I have no doubt that “they intend to exploit it.” However, as we have seen with many of their intentions, the actual implementation is likely beyond their capabilities. States are fighting back against what they see as federal overreach. Particularly when the states disagree with the intent. On a more local level, many police officers aren’t keen on arresting an otherwise upstanding citizen, for merely smoking pot. ---
**Author:** ![drewder](https://avatars.discourse-cdn.com/v4/letter/d/57b2e6/32.png) [@drewder](https://boards.straightdope.com/u/drewder)\ **Post date:** [August 2, 2017, 8:38pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/106 "2017-08-02T20:38:40Z")
> [@DrDeth](#): > > Wow, this is complete bullshit. Got a medical cite, something peer reviewed?:dubious: well since I was citing personal experience I don’t know why you would think I had something peer reviewed to pull out my butt. However I’ve talked to several psychiatrists who have agreed with my observations. ---
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [August 2, 2017, 8:42pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/107 "2017-08-02T20:42:55Z")
> [@drewder](#): > > well since I was citing personal experience I don’t know why you would think I had something peer reviewed to pull out my butt. However I’ve talked to several psychiatrists who have agreed with my observations. Uh, yeah. Sure you have. ---
**Author:** ![Crazy\_Canuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crazy_canuck/32/5282_2.png) [@Crazy\_Canuck](https://boards.straightdope.com/u/Crazy_Canuck)\ **Post date:** [August 2, 2017, 9:14pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/108 "2017-08-02T21:14:23Z")
Just occurred to me that I never answered the OP’s question. I’ll take option C and show him my marijuana prescription. Both my doctor and my shrink approve of my marijuana use, and I’m using it legally. It hasn’t been a problem, and to date I have never been drug tested. To be fair though, I usually sit in front of a computer all day, and I might have had a lot more problems if I was working with heavy equipment. (I’m in Canada, just in case my username didn’t give that away. As others point out, a medical card means bupkiss under US law.) > [@TruCelt](#): > > I don’t think it’s morally wrong to use pot, unless it’s keeping you from making a living. Of course, if you dig into the supply chain at all, you may end up like me, wanting nothing to do with supporting the business. Just QFTing this, as there’s a whole lot of truth to this statement. Sure, the guy at the bottom that you deal with is probably cool. His boss probably isn’t. His boss’s boss is not cool at all, and probably has more blood on his hands than you think possible over a drug like pot. This was a big part of why I got my ass documented and got a prescription. > [@drewder](#): > > A Much better option is available than to stop using drugs in order to pass the drug test. Just stop using drugs. Seriously it’s not that hard and your life will be better because of it. My Doc, my shrink, and I all disagree with your completely baseless assertion that my life would be better if I was drug free. I’m going to continue taking their advice and ignore yours. As for the “it’s not that hard part,” … well I’m a former heroin addict. All I can say on that subject to you outside the pit is that I’m glad you have never had a serious addiction, because if you had you would never say something that fucking stupid. > [@Acsenray](#): > > It’s either a medication or it’s “just something I like to do on my own time.” It can’t be both. Yes it can. This is classic fallacy of the excluded middle. > [@madsircool](#): > > I would be scared as hell if my lawyer or a judge hearing my case was a regular weed user. My lawyer is a regular weed user. He’s also probably the smartest guy I’ve ever met, and I can’t say a single bad thing about him. I can and do bitch about his rates, but even then he’s proven he’s worth it many times. The very fact that I am here instead of being in jail right now is a testament to his skill. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [August 2, 2017, 9:35pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/109 "2017-08-02T21:35:23Z")
> [@Crazy\_Canuck](#): > > . . . > As for the “it’s not that hard part,” … well I’m a former heroin addict. All I can say on that subject to you outside the pit is that I’m glad you have never had a serious addiction, because if you had you would never say something that fucking stupid. > . . . Right. I thank Og on high that I never tried heroin. I’ve helped some people through that and watched them suffer,and I never want to experience it. Nicotine was bad enough for me, thank you. > [@Crazy\_Canuck](#): > > . . . > My lawyer is a regular weed user. He’s also probably the smartest guy I’ve ever met, and I can’t say a single bad thing about him. I can and do bitch about his rates, but even then he’s proven he’s worth it many times. The very fact that I am here instead of being in jail right now is a testament to his skill. You have to understand that in our case, a lawyer or judge who uses pot is a de facto criminal. So it’s a little different. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [August 2, 2017, 9:37pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/110 "2017-08-02T21:37:08Z")
> [@Grrr](#): > > Uh, yeah. Sure you have. Did you start in middle school? 😉 ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [August 2, 2017, 11:36pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/111 "2017-08-02T23:36:37Z")
> [@drewder](#): > > I don’t know about aspirin, although I don’t believe there is much abuse potential for aspirin, but caffeine isn’t doing you any good either. One thing I have noticed however for my friends who used drugs is that they stopped maturing the moment they start taking the drug. For example if they start using pot at 14 they remain mentally 14 until they manage to stop using. At which point they begin to mature at the normal rate so a year later they’re 15 year olds. > [@kayaker](#): > > So, you’ve discovered immortality?! > [@DrDeth](#): > > Wow, this is complete bullshit. Got a medical cite, something peer reviewed?:dubious: > [@drewder](#): > > well since I was citing personal experience I don’t know why you would think I had something peer reviewed to pull out my butt. However I’ve talked to several psychiatrists who have agreed with my observations. > [@Grrr](#): > > Uh, yeah. Sure you have. This particular line of discussion is getting far afield from the point of the thread, so let’s end that sidetrack here. ---
**Author:** ![Murph1111](https://avatars.discourse-cdn.com/v4/letter/m/b19c9b/32.png) [@Murph1111](https://boards.straightdope.com/u/Murph1111)\ **Post date:** [August 3, 2017, 4:12am UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/112 "2017-08-03T04:12:51Z")
> [@TheSundial](#): > > A company can’t say you can’t do something in your own time that’s legal. In your own time you can drink alcohol and smoke weed (in states where it’s legal or have medical) because it’s legal. In states where only medical is legal than I’m sure you’d have to show that you have a prescription from a doctor. It’s okay though because it’s legal. Really? That’s good to know. I don’t have to go to work for a couple hours, so we can drink a few shots before we start, right? Welcome aboard, and have a pleasant flight. This has been your pilot speaking. ---
**Author:** ![El\_DeLuxo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_deluxo/32/9043_2.png) [@El\_DeLuxo](https://boards.straightdope.com/u/El_DeLuxo)\ **Post date:** [August 6, 2017, 3:31am UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/113 "2017-08-06T03:31:21Z")
> [@Slash1972](#): > > Have you tried stopping using drugs, and then applying after you can pee clean? Why should he have to? What someone does on their own time is none of their employers’ goddamned business. ---
**Author:** ![LH75](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lh75/32/4438_2.png) [@LH75](https://boards.straightdope.com/u/LH75)\ **Post date:** [August 6, 2017, 1:25pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/114 "2017-08-06T13:25:27Z")
Company policy where I work clearly states that we are subject to random drug testing, and failing a drug test is grounds for termination. Also receiving a DUI, even off the clock, will likely result in dismissal. These policies are, for the most part, dictated by our liability insurance company. The marijuana issue was specifically addressed and clarified when Colorado, a bordering state, legalized its use. A positive test for marijuana will still result in dismissal whether or not it was legal where you used it. ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [August 7, 2017, 1:37pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/115 "2017-08-07T13:37:50Z")
> [@DLuxN8R-13](#): > > Why should he have to? What someone does on their own time is none of their employers’ goddamned business. Besides the fact that I’m sure you don’t really believe this, if the choice was between stopping smoking weed for 6 months and getting a job, or not getting a job, I know which one I would pick. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [August 11, 2017, 1:18pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/116 "2017-08-11T13:18:11Z")
> [@Slash1972](#): > > Besides the fact that I’m sure you don’t really believe this, if the choice was between stopping smoking weed for 6 months and getting a job, or not getting a job, I know which one I would pick. What if the choice were between abstaining for six months to get this job, or finding some other job with better employment policies? Because I’d avoid the employer that does drug testing, even though I’d pass the tests. I just don’t want an employer dictating what I do when I’m off the clock like that. I want freedom in my personal life. (Obviously, I need to manage my personal life so I am in acceptable shape to work. So yes, I can’t drink right before I head to the office, and I need to get enough sleep, and… But those restrictions are practical, and directly impact my employer.) ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [August 11, 2017, 1:39pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/117 "2017-08-11T13:39:12Z")
> [@puzzlegal](#): > > (Obviously, I need to manage my personal life so I am in acceptable shape to work. So yes, I can’t drink right before I head to the office, and I need to get enough sleep, and… But those restrictions are practical, and directly impact my employer.) Maybe the fact that you are an employee and you use illegal drugs may directly impact your employer? Are there other laws you feel you can break before it directly impacts your employer? ---
**Author:** ![shiftless](https://avatars.discourse-cdn.com/v4/letter/s/e9c0ed/32.png) [@shiftless](https://boards.straightdope.com/u/shiftless)\ **Post date:** [August 11, 2017, 10:33pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/118 "2017-08-11T22:33:48Z")
I’ve had to refuse a couple of job offers over the years when they mentioned drug testing and lie detectors. Seriously, actual grownups wanted me to give them my urine and submit to that ridiculous machine before I could be allowed to code for them. The money would have been better but I would have felt like the boss had his hand in my pants 24 hours a day. I politely explain to those employers that I refuse to be tested for what I do in my own time and they politely show me to the door. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [August 11, 2017, 11:49pm UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/119 "2017-08-11T23:49:07Z")
> [@Slash1972](#): > > Maybe the fact that you are an employee and you use illegal drugs may directly impact your employer? Are there other laws you feel you can break before it directly impacts your employer? How on earth would that impact my employer? They don’t own me. I am not their minor child. I don’t handle controlled substances as part of my employment. What sort of impact do you think it might have? Now, I understand that if I were a bus driver, and I crashed a bus full of customers, and I was found to be high, that would reflect badly on my employer. And I am close enough to influencing my employer’s money that it would be problematic if I were found guilty (or even seriously suspected) of a financial crime. But if I were convicted of smoking pot? I suppose the local newspaper article might mention my employer, if that even rated a local news article. So what? No rational person would wonder if they ought to use my employer’s products just because one random employee was found guilty of that. By the way, I don’t use illegal drugs. I don’t even enjoy alcohol much, and haven’t been drunk since a couple of youthful experiments that taught me I didn’t enjoy that. It’s the invasion of privacy that bothers me. That, and the implication (that perhaps you are making?) that my employer DOES own me. I really resent that implication, and would just as soon work for a company that treats me as a person with my own volition, thanks. ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [August 12, 2017, 12:03am UTC](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541/120 "2017-08-12T00:03:27Z")
So, does this mean you don’t think your employer should fire you if you were convicted of drug possession? It’s none of their business, right? Do you think an airline should fire a pilot if he/she was convicted of drunk driving? It’s none of their business, right? I want to know your opinion, not to set up “gotchas” or anything. [Previous page](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541.md?page=5) [Next page](https://boards.straightdope.com/t/you-know-youre-going-to-fail-a-pre-employment-drug-test/792541.md?page=7)