Thread: NORML on Drug Testing

robslob - 11/27/2017 at 09:48 PM

I was cleaning out my office to convert it into a rent-able bedroom and I found a pamphlet put out by the National Organization for the Reform of Marijuana Laws (NORML). This has got to be 20 years old but it still rings true today and it has particular meaning for me being a user and in the medical field. From the pamphlet (Capitalization is mine):

"In private employment, contracts generally allow someone to be fired for possession, intoxication or sale of drugs on the job. In this situation, urine testing is irrelevant as it does not indicate intoxication or impairment. Employees have also been successful in getting awards of hundreds of thousands of dollars in damages in slander actions when employers have labeled them drug abusers. RANDOM TESTING BY THE GOVERNMENT VIOLATES THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION WHICH REQUIRES INDIVIDUALIZED SUSPICION BASED ON PROBABLE CAUSE BEFORE CONDUCTING A SEARCH. Random testing is a witch hunt which courts have ruled violates laws against arbitrary searches. Since no urine test is 100% accurate, many people have lost their jobs and careers unfairly on account of these tests."

Note that it says "random testing by the government." I am wondering if this would apply in the private sector as well. I would think that the Constitution would apply to ANY jurisdiction, either private or government employment. However, if it does, this would conflict with The Supreme Court ruling which says that an employer's company is their private domain and they may demand a clean drug test regardless of the marijuana laws in the state where the employee lives. That's why I always have to worry despite living in a state where marijuana is now outright legal, California.

I'm interested in feedback on the legality of drug testing. Is it still legal to test me because of the Supreme Court ruling? Would that ruling veto the "individualized suspicion" clause of the 4th Amendment? I'm thinking that a Supreme Court ruling would, unfortunately. I only hope that there is someone out there with both the balls and the $$$ to challenge this.


BoytonBrother - 11/28/2017 at 02:51 AM

Any employer, whether public, private, or government, can drug test, which is not a violation since the applicant is volunteering to apply for employment. I'm not a lawyer, but that's how I always understood it.


robslob - 11/28/2017 at 03:00 AM

quote:

Any employer, whether public, private, or government, can drug test, which is not a violation since the applicant is volunteering to apply for employment. I'm not a lawyer, but that's how I always understood it.


That's how I understand it as well. I am wondering however, if marijuana becomes legal at the Federal level, if someone will be able to challenge this. A friend of mine brought up an interesting point: What if an employer decides you shouldn't be using aspirin? Still legal to deny someone employment on grounds of using aspirin? If marijuana is legal, what's the difference?


BrerRabbit - 11/29/2017 at 07:06 AM

Don't hold your breath, Fed courts are going to be stacked against marijuana for the rest of your life. Something for any herb smoker who voted for this regime to think about when rotting in prison.


robslob - 11/29/2017 at 02:53 PM

quote:

Don't hold your breath, Fed courts are going to be stacked against marijuana for the rest of your life. Something for any herb smoker who voted for this regime to think about when rotting in prison.


My prediction is that "this regime" will be out in three more years. And I hope to live a little longer than three more years.

Then again, I never in my wildest dreams thought that Trump could possibly win. But I think there is enough sanity in the American public to acknowledge that this was a HUGE mistake........


PhotoRon286 - 11/29/2017 at 08:52 PM

Rob, trump's "legacy" will go on longer than his term.

He's stacking the courts with clownservatives who won't give a rat's ass about anything opposing the Reefer Madness propaganda.


robslob - 11/30/2017 at 10:24 PM

quote:

He's stacking the courts with clownservatives who won't give a rat's ass about anything opposing the Reefer Madness propaganda.


Good reality check. I just wish it didn't depress me so............


BrerRabbit - 12/1/2017 at 01:44 AM

Just be glad you live somewhere they got the law changed while they still could, and your kids and grandkids won't be getting busted imprisoned and their lives ruined because you elected a plaything of the extreme right. Busted for something you still do, or enjoyed in the past at ABB shows, something you know is less harmful than sugar, let alone alcohol.


Jerry - 12/2/2017 at 02:51 AM

quote:
Just be glad you live somewhere they got the law changed while they still could, and your kids and grandkids won't be getting busted imprisoned and their lives ruined because you elected a plaything of the extreme right. Busted for something you still do, or enjoyed in the past at ABB shows, something you know is less harmful than sugar, let alone alcohol.


Sorry to bust anyone's bubble on this subject, but it is still against federal law even if the state has decriminalized it locally.
You could still get busted under federal law.

The Honolulu Police Dept. is now cracking down on MEDICAL marijuana users who are also gun owners since federal law doen't recognize the state law.


BrerRabbit - 12/2/2017 at 04:33 AM

F*ck Honolulu. Not busting any bubble here at all, but I tell you it is nice to have some peace of mind on the rare occasions. Not worried about boots kicking in the door, losing family, property, doing time. A lifetime of paranoia has left scars though.

What would be rad is if Republicans kick ass and legalize it, that would knock the Dems on their wishywashy ass. It could happen.


BoytonBrother - 12/2/2017 at 06:48 PM

Sadly, even if by chance it became legal on a federal level, there is a stigma attached to it, and I think companies will continue to have these policies only for PC reasons, unfortunately. I think most CEO's know there are incredibly talented, productive, and model employees who partake. Luckily for me, I work for a very well known large corporation that does not drug trest. Smart, in my opinion. We have to hope for more rational CEOs to be like ours, and just not worry about it.

[Edited on 12/2/2017 by BoytonBrother]


BrerRabbit - 12/2/2017 at 09:35 PM

Truth, the stigma will last for another generation. The reality is the casual private marijuana user does not have much to fear even in the illegal zones - but it will always be a matter of "getting away with it" because it is a felony, and you are a serious criminal if you use marijuana. And that has a real negative effect on a person's self-esteem and psychology.

You can't realize how deeply the "felon" programming scarred you until it dawns on you that you are in a legal state, it was such a strange feeling at first, a real weight lifted, after a lifetime of being a criminal. Like, "Dammit I was right all along and get the hell off my back, this is my right, and screw you for all the fear."


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