AZ Medical Marijuana and Pre-Employment Drug Test (contractor, college)

[OrangeCar]

I'm pretty sure Drug free work place only applies to using drugs (or alcohol, etc) on the job itself, or being impaired on the job. Otherwise an employer could fire someone under the drug free workplace act for getting drunk on a Friday night even though they didn't have to work until the following Monday.

But I agree with everything else you said about the uphill legal battles.

This whole thing just sucks, and will continue to suck until marijuana (ie a plant that isn't physically addictive, can't realistically be OD'd on, and had bona fide medical benefits) is removed from schedule 1. Which will eventually happen, and this will all seem as silly as 1920s alcohol prohibition, but until then MMJ users will have to lurk in the shadows for no good reason.

[madison999]

I think Az goodwill fired someone, fought this and won?

Even if decriminalized and legalized it will still be like alcohol—get hammered the night before a test, it shows up, you get fired.

[More Rock]

One to two months to flush out of your fat cells.

[JGMotorsport64]

Originally Posted by OrangeCar

I'm pretty sure Drug free work place only applies to using drugs (or alcohol, etc) on the job itself, or being impaired on the job. Otherwise an employer could fire someone under the drug free workplace act for getting drunk on a Friday night even though they didn't have to work until the following Monday.

But I agree with everything else you said about the uphill legal battles.

This whole thing just sucks, and will continue to suck until marijuana (ie a plant that isn't physically addictive, can't realistically be OD'd on, and had bona fide medical benefits) is removed from schedule 1. Which will eventually happen, and this will all seem as silly as 1920s alcohol prohibition, but until then MMJ users will have to lurk in the shadows for no good reason.

So you’re right. But the exception applies to governments and private companies that receive federal money to operate because it’s still illegal federally.

So for instance if you applied to a university, that university could drug test you and not admit you if you had marijuana in your system.

An employer in similar circumstances can do the same.

[banger]

I can't believe that no one has come up ithe the correct answer......

As the hiring official....

No Sir/Madam I did not NOT hire you because of the positive test result...
That would have been completely improper.....

I simply hired candidate "B" because He/She seemed like a better fit into my companys culture.

NOW... Try and fight that..... It is completely my opinion.... Prove otherwise.

[PhoenixSomeday]

Originally Posted by banger

I can't believe that no one has come up ithe the correct answer......

As the hiring official....

No Sir/Madam I did not NOT hire you because of the positive test result...
That would have been completely improper.....

I simply hired candidate "B" because He/She seemed like a better fit into my companys culture.

NOW... Try and fight that..... It is completely my opinion.... Prove otherwise.

Yeah, that's my problem with all of these laws and regulations regarding hiring and firing. They're great on paper, but in practice nearly impossible to enforce because of the almighty catch all excuse that's too hard to disprove:

- "Oh, well, we went with candidate B because they were a better fit for the position"
- "Sorry, we can no longer afford to keep you. I mean, finances are what they are, you know?"
- "We decided not to hire anyone because we re-examined our finances and found yadda yadda yadda"

And the all-encompassing "at any time for any reason, including no reason" bit when it comes to termination.

What are you going to do when they pull out these lines? Sure, these things can be fought if you have enough money to pay a good lawyer. Otherwise, the common person who can't hire a lawyer good enough to overcome MegaCorp's lawyer army is out of luck.

[OrangeCar]

Originally Posted by banger

I can't believe that no one has come up ithe the correct answer......

As the hiring official....

No Sir/Madam I did not NOT hire you because of the positive test result...
That would have been completely improper.....

I simply hired candidate "B" because He/She seemed like a better fit into my companys culture.

NOW... Try and fight that..... It is completely my opinion.... Prove otherwise.

As stated previously in this thread, drug testing happens AFTER an offer has been extended. For a company to rescind based on the results of the drug test would be very easy to demonstrate in court.

The original question is whether anyone with a MMJ card has gone through the hiring process or not, and how it went after providing proof of their card. But no one that's read this thread has first hand knowledge. Just guesses (like me). That's too bad.

[55182]

If a company's culture is such that they dont want a person who smokes why would a smoker want to work within that culture anyway? The same idea would apply to an atheist working for Hobby Lobby or a fundamental christian working at a gay magazine. The various companies can be forced to bend to the governments insistence but it seems like taking on a lot of grief for the person, when employment friendly options exist.

[KurtAZ]

Originally Posted by OrangeCar

As stated previously in this thread, drug testing happens AFTER an offer has been extended. For a company to rescind based on the results of the drug test would be very easy to demonstrate in court.

The original question is whether anyone with a MMJ card has gone through the hiring process or not, and how it went after providing proof of their card. But no one that's read this thread has first hand knowledge. Just guesses (like me). That's too bad.

Considering that there are only about 100k MM card holders in AZ...with a population of over 7 Million, only about 1.5% of Arizonans could answer that question.

[Adamson865]

Our policy material on the subject says that a MM card has no bearing on the hiring process, but from then on, having a card makes no difference - if you are found to be impaired on the job, having a MM card isn't a get-out-of-being-fired card.