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Getting Fired for Medical Marijuana Use: Why Should Employers Drug Test At All?

09.15.10

Many people are affected by the drug war.  Just take a look at our southern border.

But those aren’t the only ones.

While the states work the whole federalism angle on the legality of marijuana use, there’s bound to be some snags.  And in the case of some people, it’s costing them their jobs.

Glenn Greenwald:

In some cases, workers have been fired for failing drug tests despite having prescriptions saying, in effect, that what they are doing is legal according to the laws of their states.

Here’s the thing: for an employer, you want your employees to be efficient, dependable, and hard-working. If an employee can accomplish all of this while smoking weed — legally prescribed or not — then what’s the issue? If he’s a total wastoid (yeah, wastoid, I said it, bringing it back along with high-tops and snap braclets), then his piss-poor performance should be enough to warrant disciplinary action, regardless of its cause.

Now, I do understand that there are HR costs involved with the hiring of a new employee so companies will want to best determine whether or not this applicant will be a quality addition to their team before they hire him — but, why test current employees?  You already hired them! They already passed your rigorous interview process (so, if they’re sucking at work then you might want to look into revamping your HR department, not firing your employee cause he takes a few puffs to ease his anxiety).  They’re doing their jobs competently, otherwise you could just drag them onto the carpet for their poor job review and cut the dead weight that way.   It’s pointless.

The problem with drug testing is that – NEWS FLASH!!!not all wastes-of-office-space take drugs and not all druggies are inept at work, despite what our current drug war culture would like you to believe. (Total mindblow, I know.)  It’s the whole “well, some pot smokers are lazy and don’t get anything done at work so we’re going to punish them all regardless of their individual aptitude” way of using a gravity bong when a simple one-hitter would suffice.

But since companies fancy themselves as some sort of moral authority now, why stop at drug testing?

  • Why not require me to bring in my hard drive so they can scan it for pirated software and music?
  • Why not scour my glove box to make sure that I indeed have proof of car insurance?
  • Why not stop by my apartment to make sure I’m not illegally leeching some wireless Internet from my neighbors?

I mean, all of those morally questionable practices could affect my job performance, believe you me. Without loads of music to fill my iPod, I’ll go insane at my desk and take my co-workers with me, kicking and screaming. Without car insurance, I could get into an accident, not be able to get a new car, be stuck taking public transport, and consistently arriving late to work irritable and making everyone around my desk miserable as a result.

And without the Internet at home… well, let’s just not imagine that dark, dark world, okay? I just had a glimpse into that lifeless hell when WordPress glitched up, forcing me to re-write this blog, nearly leading me into a total meltdown at my desk — a complete over-reaction, sure, but I almost went social (the post-modern version of going postal).

But, hey. At least I’m not smoking medical herb for my migraines, right?

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5 comments

  1. I go back and forth a bit on this issue, but ultimately, I am on the same page with you. If it’s not affecting their work in a negative way, what’s the big deal?

    However, I wouldn’t support my employee taking “weed smoke breaks” during working hours, unless the stuff is perscribed necessary for their well being. 9 times out of 10 the smoking can wait till they can get home.

    Legalizing marijuana would be easier for everyone.


    • Right, just like I don’t think many employers would support an employee taking a drink break, either. Except, like you said, if it’s prescribed; in which case, they should be allowed to take smoke breaks. (Interesting that that notion isn’t total fantasy anymore.)


  2. […] This post was mentioned on Twitter by Ryan Mason, Cristian Gonzales. Cristian Gonzales said: Food for thought. RT @masonry: Getting Fired for Medical Marijuana Use: Why Should Employers Drug Test At All?: http://wp.me/pqpBU-tO […]


  3. I am not sure it is any discussion at all. It is either right or wrong. So, why doesn’t the government ensure whether it is legal or illegal first of all. Then can you really think of it as an issue at the workplace.


    • Are you referring to the legality of drug testing or the legality of medical marijuana?



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