Look, you're obviously pro-cannabis and aren't going to budge on this one. That's fine.
However, just to make sure you're aware, there are industries out there, where drug testing not only occurs regularly, it's mandatory due to existing federal regulation. And even if cannabis is legalized, I just don't see that requirement changing in these industries.
Again, I'm for leaving it up to the employer, which, if an employer includes drug testing and being drug free in your employment contract, you take the test and test clean or face disciplinary action and possibly termination of employment.. otherwise you go find an employer who doesn't care / have these requirements.
I am discussing cannabis as a legal substance, which is why it seems discriminatory to treat it any differently than booze (in a recreational sense, obv medicinal should be treated like a prescription medicine...).
I am well aware that drug testing occurs regularly and is mandatory. But WHY is it mandatory to test for cannabis in certain industries due to federal regulation? It is because it is currently a Schedule I substance. It should become a non-issue once federally legalized and re-scheduled. Using pre-employment/random piss tests to check for a LEGAL substance seems asinine.
Why should anyone have to risk being fired for doing something that is completely legal on their own free time? Should employers be able to hire/fire based on your caffeine intake off the clock?
Obviously there are some unique challenges ahead and both the employer and employee need to be protected. We both agree that being impaired on the job is grounds for dismissal. I don't think we are actually that far off from seeing eye to eye.
My main contention is that as cannabis becomes legal, the policies surrounding it should be addressed. It should be removed from the standard NIDA5 pre-employment screening. It should not be tested for in random piss tests (as such tests only show prior use). If impairment is suspected, then it is on the employer to prove it with accuracy. I could see some kind of two test system, do a quick saliva test (side note, saliva tests can detect cannabis use for like 7 days) and if that turns up positive then a blood test should be required (even though blood tests can also be unreliable for showing a person is actually impaired, I think it is probably the most accurate means available). If the employee refuses, then that should be grounds for dismissal. Treat it just as you would when an employee is suspected of drinking on the job.
The other side of this is, how much impairment does cannabis actually induce? Nowhere near the effects of alcohol, so why get so hung up on cannabis? Take driving for example. Studies show that drivers under the influence of cannabis are no more likely to be culpable in crashes than non-cannabis users. In fact, drivers under the influence of cannabis tend to adjust their driving habits to be more cautious whereas drunk drivers drive in a more risky manner. So, while a person may be under the influence of cannabis, how impaired are they?
Cannabis prohibition has caused far more harm than legal cannabis ever could. Prohibition is ending and it's time to stop discriminating against and punishing people who choose to improve their quality of life with cannabis.
Edited by _incitatus, 16 November 2016 - 12:51 PM.