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Oregon Employers Will Still Drug Test For Marijuana, Even After Legalization

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A question I get asked all the time is ‘can I still be fired for smoking marijuana, even if I live in a state that legalized marijuana?’ The quick answer is yes, employers can still fire you for marijuana, even if your state has legalized marijuana. Does that mean that each and every employer will fire every marijuana consumer for a failed drug test? Of course not. Not all employers drug test, and some will no doubt update their drug testing policy to exclude marijuana. However, be aware that due to the fact that employers can hide behind federal law, they can still fire you even though marijuana is legal to consume within some states. Oregon is no exception. Russ Belville gives a great breakdown in the video below:

Related info: How To Pass A Drug Test When You Smoke Marijuana

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58 Comments

  1. Copied the excerpt below from a reply I made above since it’s very in line with your post. The fact of the matter is that I agree in setting the boundaries up so that work and play do not mix. If anything, this would encourage the responsible use of the substance. The trick is to use alcohol as a precedent if we want legalization to become a reality. Sober and productive at work? You check out. Wreaking of weed/alcohol or visibly impaired on the job? You can leave. Simple as that. If you’re an experienced toker and you know that you are able to do your job fine while high and you make sure to do your best to hide it by using vapes, eye drops, etc then you should be fine as well since your employer shouldn’t be able to notice a difference in your demeanor or productivity.

    “But you wouldn’t use it during your entire day! Being high while on the job is like being drunk on the job. You’re simply not your sober self. I love to smoke. I smoke everyday, in fact. But I NEVER smoke on the job. I smoke at night, after my day is just about done, about 95% of the time. Obviously there are times when I smoke during the day but those are usually once in a blue during a day off, on vacation, etc. The worst I’ll do is smoke several hours before a shift so I know I won’t be high anymore by the time my shift comes – and that’s once every few months. I would have no problem if they created a device that tests how high you are at that moment and based a law around that which says you can’t be actively “high” on the job or while driving. If we really want the law to change then we have to make concessions – we can’t have it all. We have to use it responsibly and show that we can remain productive while being a smoker. If it became legal it would be on the same level as alcohol and employers don’t fire for alcohol use unless you are visibly drunk on the job. The same code should be used for marijuana if it were legalized.”

  2. But you wouldn’t use it during your entire day! Being high while on the job is like being drunk on the job. You’re simply not your sober self. I love to smoke. I smoke everyday, in fact. But I NEVER smoke on the job. I smoke at night, after my day is just about done, about 95% of the time. Obviously there are times when I smoke during the day but those are usually once in a blue during a day off, on vacation, etc. The worst I’ll do is smoke several hours before a shift so I know I won’t be high anymore by the time my shift comes – and that’s once every few months. I would have no problem if they created a device that tests how high you are at that moment and based a law around that which says you can’t be actively “high” on the job or while driving. If we really want the law to change then we have to make concessions – we can’t have it all. We have to use it responsibly and show that we can remain productive while being a smoker. If it became legal it would be on the same level as alcohol and employers don’t fire for alcohol use unless you are visibly drunk on the job. The same code should be used for marijuana if it were legalized.

  3. I drink a half gallon of the tea a day and smoke every day and I have been home testing myself every day and FINALLY I have found a perfect balance of weed vs palo tea to where I pass the tests each time. im 6ft 185 lbs .. The palo Azul tea website tells you how to make it but what they don’t tell you is that you can re-use the tea! I mean its only 6 dollars a bag but still..

  4. Are you sure about that? Most medical users are complaining about their pot not being flavored enough or producing the choice high. They complain about prices as if they need to get high all day long every day.

    It seems pretty idiotic to confuse recreation with medicine.

  5. responsible cannabis consumers who know how to control their own space sip in regards to cannabis use for medical, spiritual and general well being, know that cannabis use for them is integral to a great day, at work, at home, where ever, and being that it is integral form my own well being, I fail to understand how your failure to enjoy a higher plane of existance in your life at your workplace is any indication of achieving higher minded intended thought :-)

  6. I have not seen myself perform any task poorly after toking up, so why is it that you feel that cannabis use impairs, rather than enhances the work experience for everyone?
    If employers have employees that are not meeting their quotas, or their work is sub par, then they should be fired, as they are not doing their job as they should, there is no need to fire the people that find benefit from cannabis use, on and off the workplace as long as they meet their quotas, and all
    study negative thc beam test verses positive beam test rotation in degrees
    then ask yourself, why do some people experience drowsiness, verses alertness, and you will find that not only cdb is to blame, but a negative rotation
    the concept might be hard for you to understand, but instead of your flippant attitude, think about it

  7. Denny, you are assuming that cannabis use is a bad negative thing, that has no benefit mentally, and physically in any work scenario, you are brainwashed, and you are wrong.
    Learn.
    Your kind is why ignorance flourishes so in the usa that loves to spit on the cannabis community, you idiot, what ever you are doing, perhaps you are drinking alcohol? pills? maybe you are mentally challenged? whatever your reason, maybe you have not had the strain to convince you the I am correct, but your ignorance is typical of the common people, why do you wish to assume the mentallity of the war loving common for?
    How can you sit there and think that slavery and crimes against humanity is acceptable?
    I say you and people like you are the problem in this world, you wish to ride freely on the backs of those that you benefit from, and you deserve nothing but the punishment you enjoy giving to the cannabis community.
    You probably have some good in you some where, why not explore that part of you and expand on that

  8. Eventually we will drag the idiots into the modern world. Maybe until then we should put something in the water that would cause a positive test on everyone. They would have a little trouble firing every worker in an entire state.

  9. Responsible people judge on a continual basis. I have called off work tasks due to impairment when I was completely sober. Its called being responsible, and being sober has little to do with that per se.

  10. Correct. Its about firing or not hiring people for their off the job consumption habits.

    So, how long till we accept kosher and halal testing as a legitimate “pre-employment” screening?

  11. I am usually high. Most people don’t notice due to my high IQ. Big words properly used with a high degree of physical coordination really puts people off about me being on drugs.

  12. BINGO. As long as you do a good job….It is ALL GOOD (your food lifestyle that is, drugs are food-foods are drugs)

  13. What they are doing is actually illegal. They just don’t know it because it is an accepted cultural norm.

    Employers are actually restricted to performance only standards by law. It just so happens that laws don’t matter if no one cares to enforce them or objectively understand them.

  14. I will stick to impairment only standards thank you very much. Its not worth loosing the talent in order to reinforce some cultural norm.

  15. Whats wrong with you?
    Have you lost the ability to think at all?
    Some people know that a thc beam test does not always indicate a negative rotation, but some strains cause positive rotations, much like some strains reduce awareness, while others increase awareness and job performance.
    It would be interesting to see the so called stoners challenge non stoners in a game of endurance, just to see the non cannabis users struggle, while those who benefit from cannabis would excel every-time.
    https://www.youtube.com/watch?v=v9CpCQNH3uw

    and the mountains depart from those
    who uses cannabis for their ills so the story of Jesus goes.

  16. stellarvoyager on

    So you think it’s OK for employers to be able to discriminate on the basis of things that are completely unrelated to job performance? Maybe we should allow racial discrimination, or age discrimination (which is happening anyway), or discrimination based on disability or genetics. Should employers also have the right to exclude military veterans? Or Christians? That’s not freedom, it is authoritarianism on the part of your employer. That’s like saying you have the “freedom” to starve if you can’t eat the food that is served (say, due to an allergy), so just use your “free will” and choose to starve.

    Being employed by someone doesn’t mean that they have ownership over you at all hours of the day and night. It simply means that you perform a specific job for them, and they compensate you for the work that you do.

  17. Your employer can only control what you do as long as you work for that employer. You have the freedom to work for an employer who doesn’t give a hoot what you do on your own time. Your free will is yours to use. Or not.

  18. You have the freedom to work for an employer that doesn’t test for marijuana. What’s stopping you from using that freedom.

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