We have to state that weed is currently legal for both recreational and medical use in some states across the USA. Even though the general hype is not negative anymore, still employers will test the presence of this particular drug, and it may be an issue if you test positive.
Remember that legal usage of weed, both recreationally and medically tends to vary from state to state. However, it is still illegal based on federal law, but in twenty-nine countries, it is legal for people that need to handle certain illnesses and constant pain.
If you wish to become a legal weed user, you will need to get a recommendation from your physician so that you can obtain the prescription that features the ability to legally appoint it based on the specific medical cause.
Different drug screenings feature specific methods that will help you cleanse yourself so that you can pass with ease. You should read the article on weednews.co that will help you learn how to clean your hair of drugs by using detox shampoo.
In nine states, people can use it recreationally as well, but these changing laws are creating challenges for employers and lawmakers since the testing processes are standard and being positive for weed may lead to penalties if you are already working.
Federal and State Laws
We have mentioned above that under federal law, cannabis is still considered as an illegal substance, and that gives employers the ability to regulate their workplaces.
At the same time, some heavily regulated industries that are connected with the federal government require mandatory drug testing as part of the hiring process.
If you work in a non-federally regulated industry, the law will not require a mandatory screening, but some local and state laws are enforcing laws that are regulating drug screening processes and methodologies.
Therefore, an employer has to provide you a comprehensive drug-free policy as the part of the job description and give you a written agreement you have to sign. The idea is that you have to agree to give part of your specimen for screening purposes as the part of employment process.
By checking here, you will be able to see what will happen in the future when it comes to legal weed in the federal USA.
Cannabis Screening Controversy
The most controversial topic in the world of drug testing is methods that employers are conducting to reduce the weed consumption. The main problem with cannabis in comparison with alcohol, for instance, is that alcohol will not stay in our bodies as much as weed will.
Therefore, you will be able to fail the test weeks after the consumption, since its active ingredient will require plenty of time to leave bloodstream as well as urine and hair.
At the same time, failing a drug test for weed does not mean that you are currently impaired. Instead, it will show the presence of substance that you consumed in free time while you were away from work.
On the other hand, alcohol testing requires breathalyzers that will determine the current percentage of alcohol in your blood, which is vital consideration since impairment at the workplace, may cause safety issues much more than smoking weed in spare time and failing the test.
Therefore, the problem lies in the idea that technology has not figured out how to test for the presence of weed without breaching someone’s privacy and things that we do in spare time.
At the same time, it is highly challenging to determine the sound levels of THC similarly as with alcohol, since the traces will linger much longer than any other drug you decide to consume.
If you are using weed for medical purposes such as to handle excessive pain and if an employer fires you due to failed drug test, you may be a victim of workplace discrimination.
Since the lab tests cannot determine the current levels of THC in the time of screening, the person who failed the test does not have to be high at all.
That is why both state and federal governments have to find a way to create policies and regulations that will reduce this particular type of discrimination.
Some employers have federal requirements to test both employees and applicants due to safety laws, especially for jobs such as pilots, truck drivers, and oilrig since there is a legitimate reason for firing someone for failing.
On the other hand, if the employer does not have to comply with federal regulations, he/she has to carefully analyze everything and provide essential reasons for firing someone who consumes medical marijuana due to health problems.
In some states such as New York and Nevada, people that consume medical marijuana are considered as legally disabled. Therefore, they created laws that consider this particular type of disability as part of the hiring process and drug screenings.
At the same time, these laws will require from employer to provide reasonable medical needs for an employee that features legal medical marijuana card.
Starting in 2020, Nevada created an act in which employers will not be able to refuse to hire an applicant due to a failed test for marijuana.
By entering this official website: https://www.eeoc.gov/laws/types/, you will learn about laws that will protect you against various types of discrimination.
This particular law is a precedent that will affect other states as well in the future. It is just a matter of time. In states where consuming medical marijuana means that you are disabled under the law, you will not be able to be fired after failing a drug test.
Of course, this is under the idea that employee is not intoxicated on the work and that current consumption allows him/her to finish the job without affecting the safety of the public, other employees and anyone else.
Therefore, if you are consuming medical weed for numerous reasons, you should conduct research when it comes to state you are working as well as drug testing policies that will help you prepare yourself.
The worst thing that you can do is to assume that you feature legal rights when the state does not state so. Therefore, prepare yourself for an outcome based on the current drug policies and regulations because that is the best way to stay always one step ahead of potential problems.