What is the benefit of recreational marijuana use in this state...? (insurance, employment)

[ditchlights]

What is the benefit of recreational marijuana use in Oregon if it does not affect employer law?

As a law abiding citizen, I embraced the passing of the current marijuana bill. I have not smoked in a good number of years because the industries I'm associated with do regular random and pre-employment drug testing. I would, however, like to enjoy the benefits of marijuana use on an occasional basis on my own free time, far and away from any time on an employers clock (maybe a couple times a month). I feel like this is my right as a citizen of Oregon. The good people of this state have voted.

I understand the need for testing in jobs that are dealing with immediate public safety, but what about other jobs where this is not the case?

So, with that being said, a few basic questions:

1.) How does a test show whether you are currently under the influence, or if the use was 2 days, or 2 weeks in the past?

2.) What does the marijuana I smoke today have to do with my performance in two weeks (or even two days) from now?

3.) If I drank five beers last night and showed up for work today, nothing would become of it. As of July 1st, marijuana use will be just as legal as alcohol consumption. What's the difference?

4.) If an employer let's you go for testing positive after July 1st, is the dismissal considered to be with or without cause?

5.) Is this just one of those things that will take more legal action to resolve, and do you see a lot of lawsuits in the future stemming from this topic?

I know I can't be alone with these types of questions and concerns. I recognize that there are people who show up everyday to work high on pot (or alcohol, or other drugs). That will never change, and they should be dealt with appropriately if need be. They create a significant safety concern, and are a detriment to their coworkers and their company. An occasional marijuana (or alcohol) consumer who shows up to work completely sober, is not a threat to anyone other than possibly themselves (regarding their own health).

How is this all going to go down, and what changes do you see in the future regarding this topic in Oregon?

[Metlakatla]

Drug testing has more to do with an employer's insurance policy than anything else

Employers will have the same rights concerning drug tests as they had before. The law doesn't change anything, although I suppose a lot of people will think it does. By the way, employers do have the right to take action if your test indicates that you had five beers the night before, most just choose not to exercise it.

Measure 91 didn't -- and wasn't meant to -- address employer law. That will take a whole different bill.

There will continue to be major differences in the law regarding alcohol and weed. I think the assumption that the laws regarding each are identical is what's going to cause lots of problems for people.

You have to remember that this is new territory for Oregon and other states...no one's going to wave a magic wand and fix it all at once.

[ditchlights]

Originally Posted by Metlakatla

By the way, employers do have the right to take action if your test indicates that you had five beers the night before, most just choose not to exercise it.

I think you may have missed the point here Met. I could drink a six pack before dinner tonight and then be breath tested as soon as I show up for work at 10am tomorrow and blow a .00

I could have smoked a joint two weeks ago and test hot for marijuana tomorrow because of my slow metabolism.

Both substances will be equally legal very soon. Why the penalty for pot but not alcohol?

The truth of the matter is this. If alcohol remained traceable in your system even a fraction of the time that pot can be, and everybody was fired for testing positive for any alcohol they drank in the last two weeks, the national unemployment rate would be roughly 60%.

[Metlakatla]

Originally Posted by ditchlights

I think you may have missed the point here Met. I could drink a six pack before dinner tonight and then be breath tested as soon as I show up for work at 10am tomorrow and blow a .00

I could have smoked a joint two weeks ago and test hot for marijuana tomorrow because of my slow metabolism.

Both substances will be equally legal very soon. Why the penalty for pot but not alcohol?

The truth of the matter is this. If alcohol remained traceable in your system even a fraction of the time that pot can be, and everybody was fired for testing positive for any alcohol they drank in the last two weeks, the national unemployment rate would be roughly 60%.

I don't know what kind of tests are used where you work, but at my prior place of employment, they could detect alcohol use for about three days back. And you can bet your ass that anyone who tested dirty was out the door.

Again, they will not quite be equal in the eyes of the law, sorry.

Again, the bill wasn't meant to address employer law. I'll see if I can explain this -- it would take an entire new bill focused specifically on drug testing to change that.

Personally, I don't think there will be a huge change. Plenty of people smoke regularly and remain employed.

[ditchlights]

Originally Posted by Metlakatla

I don't know what kind of tests are used where you work, but at my prior place of employment, they could detect alcohol use for about three days back. And you can bet your ass that anyone who tested dirty was out the door.

Even if this is true, you're saying that your prior employer would fire an employee today for the five glasses of wine they drank while celebrating their wedding anniversary two nights ago? What am I missing here?

[Metlakatla]

Originally Posted by ditchlights

Even if this is true, you're saying that your prior employer would fire an employee today for the five glasses of wine they drank while celebrating their wedding anniversary two nights ago? What am I missing here?

The point, again, is that employers have the right to drug test for alcohol, and some of them do. The nature of this job was such that yes, someone drinking five glasses of wine the night before would have been fired if tested the next day. That's not normal, but it wasn't a normal job. Again, my point is is that they had the legal right to test for it.

I'm not sure what you're missing because your entire OP is based on a couple of common misconceptions about measure 91 as well as on current employment law.

[ditchlights]

Originally Posted by Metlakatla

Plenty of people smoke regularly and remain employed.

Sure, in jobs where there is no testing for pot use.

People in this state want to smoke freely on their own time without a cloud of fear hanging over their heads (pun intended). I would like to enjoy a toke every so often the same way I enjoy a couple beers. It is no employers right to penalize me for partaking in a legal activity on my own time.

[Metlakatla]

Originally Posted by ditchlights

Sure, in jobs where there is no testing for pot use.

People in this state want to smoke freely on their own time without a cloud of fear hanging over their heads (pun intended). I would like to enjoy a toke every so often the same way I enjoy a couple beers. It is no employers right to penalize me for partaking in a legal activity on my own time.

Actually, it is the employer's right according to the current laws.

Like I told you before, measure 91 wasn't a fix-all solution.

Most places don't drug test that often; usually just for cause after you pass the initial drug test -- like if you're involved in an accident or something. I wouldn't let it worry me if I were you. Just be an adult about it, don't go to work reeking of smoke, and keep your private life private.

If you're paranoid about it, get a job where they don't test. People have to make concessions like that all the time if certain things are that important to them.

[Metlakatla]

And by the way, I agree with you about what you do on your own time should be your own business. I'm just telling you how it is under the current legal system.

[sorupaa]

You can work with a hit of weed or a beer, I know people that might do that on there lunch break. I've done it and they knew about it because I told my boss, they didn't really care though.

I depends on the job