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California pre-employment drug screen - what's the deal now cannabis is legal?
    #24153448 -

So ... I have a job offer coming up in the corporate sector, and I just found out they want to do a pre-employment drug test before they give the offer.

The only problematic substance they might find is cannabis (once or twice a week use over many years). But as of November 9 last year, cannabis is legal in California.

Does anyone know what the deal is with these tests? Is cannabis still tested for and considered an issue?

I'm flushing the system as best as I can and have a few ideas in the meantime, but would love to hear from anyone who knows if these tests have had to change due to the state law changing last year.

OK, shoot!

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n]
    #24153452 -

It would depend on the company itself I think. I think the only shot you'd have of being legally protected from discrimination against marijuana use is if it was prescribed, even then I don't think it would be a sure thing. I think employers still have the right to test and reject in order to maintain a drug free workplace.

Of course I'm not a lawyer and don't know for sure.


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline

Edited by Shroomslip (03/11/17 12:10 PM)

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: Shroomslip]
    #24153533 -

Interesting. So even though it's no longer illegal you think workplaces still test for it?

Anyone out there had experience with this recently?

I'm not really bothered about lawyering up and worrying about discrimination etc, just more curious about how you can make a decision on employment about a substance that is legal.

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n]
    #24153535 -

Yes, IIRC, there was a case just like this in Colorado some years ago. I think the judge in this ruled that it was up to the employer whether or not cannabis would be tested for.

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n]
    #24153537 -

It's up to the company to decide to test you. Colorado is the same its legal but up to individual companies to decide if they want to drug test. Its just a way to screen out the overabundance of applicants also if your job involves driving they can claim they don't want you driving impaired.

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: Cyrus19]
    #24153541 -

Most employment guidelines are federal so they don't give a fuck about legalization,
Just buy fake piss and be prepared to use it.


--------------------
Maiden, Mother, and Crone.

You are Me and I am You.

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: SARAtonin]
    #24153545 -

SARAtonin said:
Most employment guidelines are federal so they don't give a fuck about legalization,
Just buy fake piss and be prepared to use it.



Unless they do a hair drug test :eek:

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: Cyrus19] * 1
    #24153547 -

RIP


--------------------
Maiden, Mother, and Crone.

You are Me and I am You.

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n]
    #24153548 -

Like I said I'm not a lawyer so I don't know for sure. California is an at will state though. That means barring disabilities or things that violate your civil rights, you can be fired for anything. If you got the job, don't have a rx for the weed and ended up testing positive later, they could legally fire you if they wanted to. It wouldn't make a lot of sense for them to be required to look past the initial drug screening and hiring you when they could turn around and fire you, so I'd feel pretty confident in saying that yes they can choose to not hire you if you test positive. Then again, there are lots of instances where the laws don't really make sense so maybe you will be protected from the initial screening only to turn around get and fired later on. :shrug:


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n]
    #24153635 -

Yeah there's no reason to assume that a substance being legal implies that it becomes illegal for employers to test for it. Does the fact that alcohol is legal make it illegal for your employer to ask you to do a breathalyzer?

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n]
    #24153933 -

james_n said:
Interesting. So even though it's no longer illegal you think workplaces still test for it?

Anyone out there had experience with this recently?

I'm not really bothered about lawyering up and worrying about discrimination etc, just more curious about how you can make a decision on employment about a substance that is legal.



james_n said:
Interesting. So even though it's no longer illegal you think workplaces still test for it?

Anyone out there had experience with this recently?

I'm not really bothered about lawyering up and worrying about discrimination etc, just more curious about how you can make a decision on employment about a substance that is legal.



Here in Oregon they Still test for thc even though its legal, most places don't care but its up to them. No law prohibits them from not hiring some one based on thc. Least here.


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Edited by TNK (02/22/22 22:22 PM)

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: TNK]
    #24154096 -

Cool, well thanks for all the info everyone.

Guess I'm off to the drugstore to get a home test kit and then start drinking a shit tonne of water and exercising :doublefacepalm:

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n] * 1
    #24154233 -

https://www.paleyrothman.com/legal-blog/d.c.-prohibits-pre-employment-drug-testing-for-marijuana

Quote:
Employer Summary: Under a new law, employers hiring in D.C. may not test applicants for marijuana usage until after the applicant receives a conditional offer of employment for the position. Along with D.C.’s recent “ban the box” law on criminal background checks, this new enactment may require employers to adjust their application and hiring processes.
On August 14, 2015, the District of Columbia “Prohibition of Pre-Employment Marijuana Testing Act of 2015 ” was published in the District of Columbia Register and formally went into effect. This legislation – which makes permanent a temporary measure enacted on an emergency basis in late 2014 – further emphasizes the need for employers to review their personnel policies in response to the nationwide movement to legalize marijuana for medicinal and recreational use. Paley Rothman’s Employment Law Group has previously written about some of the issues that the increasing legalization of marijuana poses for employers.
The new act prohibits employers from requiring prospective employees to submit to a drug test for marijuana usage as part of the employer’s application process until after a conditional offer of employment has been extended. The act’s prohibition is unequivocal and does not provide for any exceptions. Accordingly, even if the position that an applicant is seeking involves safety (i.e., the operation of heavy machinery) or security (i.e., the need to obtain a security clearance) concerns for which the applicant’s usage of marijuana might be a disqualifying factor, the applicant cannot be tested for marijuana use as part of the application process until the conditional offer is extended.




--------------------
NotSheekle said
“if I believed she was 16 I would become unattracted to her”

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: james_n]
    #24154367 -

That doesn't matter in California. Even though pot is legalized, CA is an at-will state for employment and employers can choose to drug test and they can even fire/not hire you for marijuana use if they want.
Basically it's completely up to the employer. But if they drug test anyone, they have to drug test everyone.
Many employers will not care about marijuana, but if they are testing you to begin with, they probably do.


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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: Shroomism] * 3
    #24154416 -

Labor laws suck in most of the us.


--------------------
NotSheekle said
“if I believed she was 16 I would become unattracted to her”

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: koods]
    #24154453 -

koods said:
Labor laws suck in most of the us.



the 4th amendment is constantly eroded everyday

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: koods]
    #24154462 -

koods said:
Labor laws suck in most of the us.



Yea but but capital gains taxes are low THANK YOU SO MUCH REPUBLICANS!

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: Cyrus19]
    #24154497 -

Let's not forget the $600 million tax breaks in the gop healthcare bill, entirely for the top 10%


--------------------
NotSheekle said
“if I believed she was 16 I would become unattracted to her”

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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: koods] * 1
    #24154588 -

It's funny the only jobs that seem to ever drug test are minimum wage shite positions.


--------------------
¿Check out some art m8?


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Re: California pre-employment drug screen - what's the deal now cannabis is legal? [Re: twighead]
    #24154594 -

twighead said:
It's funny the only jobs that seem to ever drug test are minimum wage shite positions.



They always try to stick it to the working class bastards

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