this post was submitted on 22 Aug 2024
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Boss: "can you explain why your random drug test came back positive for thc?"
Me: "yeah, it's legal and I have a life outside of work. Sorry if you can't relate, but my personal time is just that. Personal."
This exchange did not go well from there, but guess who got fired for something first. (hint: not me)
Um actually, in the US you can get fired for THC in your system for recreational use. Some states, even if it's medical.
Yes it's bullshit, but that's the problem with it not being federally legal and companies in multiple states. You will probably lose if you fight it, use of marijuana is not protected and your employer is protected from you arguing it is because firing you for this still falls under "at-will" termination.
Only mentioning this to dispel the idea other folks will get away with this. You just got lucky it seems.
ACKTUALLY, whether or not you can get fired is a state issue, and some states such as California provide statutory protection for employees who use cannabis. It's true that there are some states where you can get in trouble, but the federal laws are not being enforced by the Biden administration, who has given the green light on cannabis consumption and rescheduling, so there's really no single answer that applies to the whole United States, and your mileage may vary.
NY has similar provisions, as section 201-D of the labor law specifically prohibits discrimination based on cannabis usage, with exceptions.
Exceptions generally are for businesses that receive federal funding, CDL drivers in accordance with 49 CFR Part 382, and non-employees (contractors, students, volunteers).