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Will I get fired if I smoke weed in CO and WA now?

Discussion in 'Marijuana' started by dshardpolerwas, Jul 1, 2015.

  1. If I am a resident in those states can I still get fired although its legal? Ir do employers have to abide by state law and make their business cannabis friendly?

    I know some police departments ban their officers from using tobacco so I am sure they can put a ban on cannabis there too. Private employers have always been lenient so I doubt they would care too much about cannabis anymore popping up on a urine test

    What are your views?
  2. Totalarmordestine

    Totalarmordestine Senior Contributor

    an employer is not required to allow you to smoke weed just because the law says its ok now. if there is a policy that states that you must have no drugs in your system and fail a drug test you can and will be fired. just like we have the first amendment rights freedom of speech, expression etc. but this does not mean that you cannot be fired for saying "my boss sucks" on facebook.
  3. tarverten

    tarverten Senior Contributor

    Just because something is legal doesn't mean an employer has to allow it in the workplace.

    For example, drinking alcohol is legal if you're over 21, but an employer can still stop you from drinking at work, and fire you if you are caught
  4. blastguardgear

    blastguardgear Senior Contributor

    I just have to note that this question isn't about being high at work- it is a question about THC showing up on a drug test. I wish I had a good answer for this, but all of you who are assuming that this person is wanting to get high at work need to go get themselves educated. There are plenty- TONS of high-functioning cannabis users... just because someone uses it doesn't make them a "loser".
  5. shadowsupernature

    shadowsupernature Senior Contributor

    I will state off the bat that this question seems to be about being fired for urine tests alone, not poor performance or being intoxicated / smelly on the job. With that in mind:

    It is not clear whatsoever. Someone will inevitably be fired, and they will litigate. Now that it is a legal substance, there are very strong arguments that you should NOT be able to be fired for presence of marijuana in a urine test alone. Someone bold must do it, litigate, make these arguments, and depending on how the judges (and then appellate judges, and then Colo Sup Ct, and then maybe even Supreme Court of U.S.) rule, it will become clear if it is legal or illegal. (I say all those courts above because it seems an issue very likely to be appealed -- both sides feel strongly and it is a novel issue of law).

    Many of these commenters believe the law will go on as before. It may, but it might not. The law is an interconnected web, and the principles behind any one law rely on precedent of any others. The current case law we have may well rely on the principle that marijuana is an illegal drug. When that drops out, the floor of many other customs and laws drops out too, and lawyers WILL argue this in Colorado courts in the future.

    Because no longer illegal, the rationale for allowing these tests dissipates. Ability to do work can be evaluated at work, not through urine tests for marijuana. The previous rationale that the test disclosed criminals, and thus those more likely to be irresponsible or reckless in the future, no longer exists. Thus, it is more likely to be outweighed by the countervailing concerns that a group of people with an irrational stigmata will be discriminated against (as with race or age in the past). There is nothing static about the law -- lawyers got up at some point and argued why the detriments outweigh the benefits.

    Employers can terminate now on mere basis of smelling like cigarette smoke, and the same will likely be true with marijuana. Yet urine tests do not reveal smell, nor do they reveal smell at work. They reveal only things which cannot be detected at work, i.e. use outside of work. If not, the person would already be fired for conduct at work. Again, this has been justified in the past on the sole basis that it detects criminal behavior outside of work, which is relevant in reducing risks and liabilities to employers. This sole supporting rationale is eliminated, as evidence of marijuana use is no longer evidence of criminal activity.
  6. thepieeatingjay

    thepieeatingjay Senior Contributor

    Sadly, you can still get fired for it. See, the thing is, private employers still have their own set of rules and regulations. Just like alcohol. That's legal everywhere. But almost every job out there says you can't bring booze to the job nor can you be under the influence or drinking at work. And when you do, you usually get fired.
  7. Pswales

    Pswales Member

    Employers are allowed to have a no tolerance policy towards it. I know in some places (mainly medical) they won't even hire cigarette smokers. So just because it is legal, they can still follow federal law, which isn't legal....
  8. ZXD22

    ZXD22 Senior Contributor

    I would probably smoke a blunt out of work areas and public areas as well. Don't want an assistant or a manager come to catch you off guard and then giving you a warning or even suspending you from work! Around here many employes go outside of the building to smoke a little bit which still isn't safe.
  9. zaerine

    zaerine Community Champion

    There are things that are not allowed in the workplace or even on some establishments even those are considered legal. There could also be rules or regulations on those establishments that should be followed or else there will be penalties.
  10. LilAnn

    LilAnn Community Champion

    In california, several years back, they began using a test that determines if you have smoked it in the past so many hours. I think they judge it the same way as drinking alcohol. As long as you aren't drunk or stoned when you come in, they aren't worried about it. I, however, do not live in any of those states so I'm just guessing.
  11. JoshPosh

    JoshPosh Community Champion

    I think your employer has the right to stipulate any type of drug hiring rule they want. It is there company and if it is in writing, then there is nothing you can really do to change that. Those states might allow you to use it, doesn't mean that you employers have to.
  12. JonnyMacdonald

    JonnyMacdonald Community Champion

    Are you talking about being high while at work or just using on the weekends?
    Of course any employer can say you can't be high on the job, just like alcohol.
    I am not sure about on your own time though, but unless they are drug testing they won't really know unless you are marching around the street with bit.
    You're best bet is just to stay away from drugs, legal or not.
  13. doatk22

    doatk22 Community Champion

    It depends on your employer. Some don't care if you smoke even at work, which I think it's crazy and unprofessional. Others care and will fire you over it.
  14. henry

    henry Community Champion

    Well, I don't think you can get fired if THC shows on your test results if it's legal. It's like alcohol showing in a urine test on a Monday morning. As long as you don't get high at work, or go high to work, I don't think there could be any trouble. But, that's just my opinion. I'm no expert on what an employer can or can't do.
  15. amin021023

    amin021023 Community Champion

    You shouldn't worry about that at all, for ensureance, why don't you just talk to your boss and get a feeling what's going on in his mind about cannabis, who knows maybe he's a stoner as well.