Originally Posted by Captain Morgan
And herein lies the problem. Right now, it's not possible to test for THC based on "recency of use" as it is with alcohol, so companies can ban the use of it by their employees. See below...
When you go to work for a company, you agree to their "rules and policies," which in and of itself is accepting a contract. You agree to work for them and abide by their rules, they agree to pay you for that work.
Carrying a gun is completely legal, with the exception of certain establishments. However, companies (that are not within the range of said establishments) can ban firearms on their property completely, regardless of the legality of carrying. You can't even have a gun in your car on company property. Don't give me the "private property" speech, because I'll just come back with, "if they're allowed to ban something that is legal from being possessed on their property, they can also ban use of certain things on their property." It's completely legal to have alcohol in your car, if the container is unopened, but it's illegal to have alcohol in your car on company property. Since THC cannot be tested for recency, a company can easily, and lawfully, say that you can't use it if you want to work for them. They don't know how long ago you used it, but since you tested positive, they can assume you used it today. Therefore, it's banned if you want to work for them. It's well within their rights to do so, just as you're well within your rights to tell them you won't work for them if that's their policy.
Shit, I can tell you that I don't want you in my house with shoes on. You might not have walked through dirt for three weeks in that pair of shoes, but I'm still allowed to say you can't come in my house with shoes on, even though it's not against the law to wear shoes. I agree to let you come in if you agree to take your shoes off. It's a contract, even though it's verbal. Just like a company can agree to let you work for them only if you agree you won't smoke pot. It's a contract, even if it's only for $15,000 a year, instead of $1 million a year.
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