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Invisibleluvdemshrooms
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Registered: 11/29/01
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Time to do away with employee drug testing * 2
    #21920055 - 07/09/15 01:44 PM (8 years, 6 months ago)

Time to do away with employee drug testing
Daniel Takash

Last month, the Colorado Supreme Court ruled that it was legal to fire employees who failed a drug test because they used marijuana for medical purposes, on the grounds that it was a crime under federal law even if perfectly legal under state law. This is the fifth decision over the past seven years upholding such a ruling.

For those using medical marijuana to treat serious medical conditions like intractable pain, wasting syndromes, and posttraumatic stress disorder, there is hope. The CARERS act, proposed by Sens. Rand Paul (R-Ky.) and Corey Booker (D-N.J.), would legalize medical marijuana at a federal level in states where it is legal.

While the CARERS act is a tremendous step forward in protecting patients who need medical marijuana to treat serious symptoms, there is another, less discussed component of the Coats v. Dish Network

decision: why do we drug test employees in the first place?

It’s not clear that drug testing is necessary to ensure a safe, productive workplace. After Employment Division v. Smith, it’s perfectly legal for employers to prohibit drug use at work even if drug use is part of a religious ceremony. If the Supreme Court has ruled that the free exercise clause of the First Amendment doesn’t protect employees who use drugs at work, it is certainly acceptable to fire an employee who shows up to work high.

This determination doesn’t require a drug test. If an employee is behaving in a way that would indicate they’re under the influence of some substance in a way that interferes with productivity or safety of the workplace, they can, and probably should, be sent home or fired. This is hardly a novel concept. An employer would treat an employee the exact same way if they were drunk. There’s no reason they wouldn’t adopt a similar procedure for drug use.

Moreover, there’s no reason an employer should care about an employee’s drug use. Notwithstanding any personal relationship the two parties may have, the personal conduct of an employee is no business of the employer if the employee is able to perform at work.

This is especially true in the case of marijuana. Coats, a quadriplegic, was fired for using medical marijuana, which he uses to help him sleep and treat his muscle spasms. His ability to work depended on him using marijuana.

Perhaps a corporation wants to promote virtuous behavior or “family values” among its employees. While a corporation may be within its moral, or in some cases legal, right to promote “moral” behavior in personal conduct, this should not be the role of the corporation in society.

Corporations enter into an affirmative obligation with their shareholders to act in their best interests. As put by Nobel Prize-winner Milton Friedman, “a corporation’s responsibility is to make as much money for the stockholders as possible.” If employers or shareholders want to promote good behavior, they should act in an individual capacity with the profits they’ve earned from their investments.

Drug testing also makes it harder for firms to maximize profit. The NSA and FBI are starting to reconsider testing applicants because it’s so difficult to find good hackers who don’t use marijuana or other drugs. If this means less qualified hackers are working for the government, the federal government’s drug testing policies are literally a threat to national security.

If drug use in one’s personal life doesn’t necessarily impact performance as work, there’s no reason corporations should restrict their ability to hire qualified applicants. This is especially true in the case of employees taking drugs for medical reasons.

If employers are concerned about moral behavior related to drug use, it’s usually related to potential immoral behavior that stems from drug use. If this is the case, employers may want to promote the use of marijuana over alcohol. A recent report by the RAND corporation determined that there would be tremendous societal gains if a doubling of marijuana use led to even a 10% reduction in alcohol consumption.

Some may argue that users turn to drugs as an escape from hardships like unemployment. However, these people aren’t just using marijuana. One in six unemployed Americans suffer from drug or alcohol abuse. It would be a cruel irony if someone lost their job for smoking a joint and then turned to harder drugs to cope with the loss. Even worse, imagine a user who never bothers to apply for a job they would have otherwise gotten if they didn’t know they would fail the drug test.

As long as an employee can do their job, there’s no reason to penalize them for drug use, especially for medical reasons. Even the moral arguments for drug testing fall flat. Could anyone imagine a company that would fire an employee for adultery?


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You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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OfflineOrgasmicBanana
aka "PICO"
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Registered: 08/02/08
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Re: Time to do away with employee drug testing [Re: luvdemshrooms]
    #21920964 - 07/09/15 05:26 PM (8 years, 6 months ago)

i don't know this for a fact, but i read somewhere once that employers can get a discount on workers comp or their insurance if they subject all of their employees to a drug test. I hope that isn't true but it could be i guess.

i have still told several potential employers who offer me a conditional offer of employment pending drug test that I think its an invasion of privacy and I wont do it, although i could pass it. It's not like I was being offered the greatest jobs but I try in my own small way to change the world.

It should just be illegal to drug test any employee once weed is mostly legal. Weed is mostly what shows up on drug tests, they're not that great at catching opiate or amphetamine users. pretty soon it will be dirt cheap to drug test someone so there will have to be some other deterrent or idiots will keep drug testing everyone.


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Invisiblehighasfuk
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Registered: 06/01/15
Posts: 349
Re: Time to do away with employee drug testing [Re: OrgasmicBanana]
    #21922305 - 07/09/15 09:56 PM (8 years, 6 months ago)

It is true they can get a discount for drug testing employees. Some insurance companies actually require drug testing under certain circumstances


Edited by highasfuk (07/09/15 09:57 PM)


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OfflineKonyap

Registered: 06/30/07
Posts: 33,945
Loc: Planet Piss
Last seen: 4 years, 2 months
Re: Time to do away with employee drug testing [Re: highasfuk]
    #21922475 - 07/09/15 10:53 PM (8 years, 6 months ago)

Drug testings o.k. before you get a job or if there's an accident and it's for your defense lol


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OfflineShiVersblood
VAmPiRES HELLA ❤
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Registered: 08/18/07
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Re: Time to do away with employee drug testing [Re: luvdemshrooms] * 3
    #21922842 - 07/10/15 12:54 AM (8 years, 6 months ago)

It should be a violation of privacy and should be a violation of civil rights. People's bodies should be their own. Tests are intrusive.


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Invisiblehighasfuk
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Registered: 06/01/15
Posts: 349
Re: Time to do away with employee drug testing [Re: ShiVersblood]
    #21922886 - 07/10/15 01:25 AM (8 years, 6 months ago)

Quote:

Stealth1Vampire said:
It should be a violation of privacy and should be a violation of civil rights. People's bodies should be their own. Tests are intrusive.




Nobody is forcing you to take the drug test,you have the option of not taking it and the potential employer has the right to not hire you simply because you wouldn't take the test.


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InvisibleOeric McKenna
LIFE CAPS


Registered: 06/15/12
Posts: 5,318
Loc: Babylon Flag
Re: Time to do away with employee drug testing [Re: highasfuk] * 1
    #21922890 - 07/10/15 01:30 AM (8 years, 6 months ago)

" If life, liberty, and the pursuit of happiness doesnt include the right to expand consciousness then the constitution isnt worth the hemp it was written on"

Anyway...lets get high?


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OfflineShiVersblood
VAmPiRES HELLA ❤
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Registered: 08/18/07
Posts: 115,620
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Re: Time to do away with employee drug testing [Re: highasfuk]
    #21924506 - 07/10/15 01:28 PM (8 years, 6 months ago)

Being fired is an unfair discrimination against people who refuse invasive testing is how I feel. As long as your sober on business hours.


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OfflinePsilocybinMan
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Registered: 05/25/15
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Re: Time to do away with employee drug testing [Re: ShiVersblood]
    #21925002 - 07/10/15 03:18 PM (8 years, 6 months ago)

Quote:

"If you wanna have a blast you wanna have fuel."





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🖨️🖥️🖱️📠👓🔬🔭
מאוד גבוה, האטמוספרה של כדור הארץ הופכת להיות דקה מאוד. האזור שבו האטומים ומולקולות לברוח לחלל נקרא אקסוםפירה. אקסוםפירה היא על גבי תרמוספירה.


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Offlinemy3rdeye
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Re: Time to do away with employee drug testing [Re: luvdemshrooms]
    #21931756 - 07/12/15 01:09 AM (8 years, 6 months ago)

Quote:

luvdemshrooms said:


For those using medical marijuana to treat serious medical conditions like intractable pain, wasting syndromes, and posttraumatic stress disorder, there is hope. The CARERS act, proposed by Sens. Rand Paul (R-Ky.) and Corey Booker (D-N.J.), would legalize medical marijuana at a federal level in states where it is legal.

While the CARERS act is a tremendous step forward in protecting patients who need medical marijuana to treat serious symptoms, there is another, less discussed component of the Coats v. Dish Network






It's either legal for everyone or legal for no one. Pot does not treat PTSD, and making up some BS about how you have it does not make you special. Medical use and recreational use are the same thing. How about I drink the PTSD away so the workplace booze rules no longer apply to me either? By my count about half the things people get med pot for can also be treated with alcohol.
Med pot is just a big scam to get high


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Invisiblemisterogerz


Registered: 06/07/02
Posts: 1,433
Loc: Gulf Coast
Re: Time to do away with employee drug testing [Re: my3rdeye]
    #21932491 - 07/12/15 08:30 AM (8 years, 6 months ago)

Quote:

my3rdeye said:
Quote:

luvdemshrooms said:


For those using medical marijuana to treat serious medical conditions like intractable pain, wasting syndromes, and posttraumatic stress disorder, there is hope. The CARERS act, proposed by Sens. Rand Paul (R-Ky.) and Corey Booker (D-N.J.), would legalize medical marijuana at a federal level in states where it is legal.

While the CARERS act is a tremendous step forward in protecting patients who need medical marijuana to treat serious symptoms, there is another, less discussed component of the Coats v. Dish Network






It's either legal for everyone or legal for no one. Pot does not treat PTSD, and making up some BS about how you have it does not make you special. Medical use and recreational use are the same thing. How about I drink the PTSD away so the workplace booze rules no longer apply to me either? By my count about half the things people get med pot for can also be treated with alcohol.
Med pot is just a big scam to get high



No, absolutely not, alcohol causes stress and other diseases and chemical burns. Only good for killing bacteria.


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