I think its still a conflict, see the below article. Here's a case where the individual gets relief from a medical condition, plays by the rules, by not indulging during work hours, problem is, unlike alcohol or other kinds of drugs, its still easily detected for 30 days, so he gets a random test, fails and this unfolds, now he can't find work, and as far as I am concerned, he will now be a ward of the federal government, by virtue of tax dollars supporting him in one way or another, yet he wants to work according to the articles I read. You hope its not a scam, get a free ride, this story/situation but aside from the facts, its this example of where a person that plays by the rules, no different than having a beer after work, key word here "after" then if were possible, takes a drug test the next day, it detects alcohol and if that violates company policy, one that you probably signed agreeing to at the time of hire, you will be terminated.
Now there's also a chemical derived from THC or whats in cannabis, that does not intoxicate, but is extremely unique in that it stops and almost cures seizures, and there have been stories profiled, one of which was a young but very accomplished mother, whose child suffered unbelievable seizures, she discovered that this derivative is literally the only thing that works for her son, she wants nothing to do with smoking it for a buzz or intoxication, she wants to keep her son alive.
With legalization, I can just see the testing becoming even more common than it already is, so that employers can sort through those who use marijuana. I don't think its unreasonable to assume that any or most employers want sharp people who have a clear mind when on the clock, so they will test for it more now than ever with legalization on the horizon.
The problem is the human condition, everyone is different, everyone's reaction to things are different. You have those who will have that one beer after work, or with weed, take one puff before bed or in the evening, rise and shine, go to work, lead a productive and good life, but that will get caught because of that one puff. I knew people in college that could smoke, attend class, and get high grades, pass tests, exams, go to work, never an issue, I for one could not do that at all in any denomination, I need to be well rested and fit for work, that does include what I do off hours to an extent, you have to have respect for yourself and maintain priorities.
Then you have those who will either sneak and smoke weed while on the job, after work, likely drink and or do both above and beyond any moderation, the worst of it is while on the clock, and not having any respect for yourself to over indulge daily. Near where I live is a business that involves work vans and installing low voltage wiring, phones, security, cable and similar. The people show up on time, were tested at time of hire, they do their work during the day, then return about the same time each day. I see it because my home is nearby and within earshot. Just about on a daily basis, they remain on the premises, off duty, off the clock, but having a few beers, and smoking weed, its been like this since they have been there, over 10 years. For whatever reason, and I am the first one to head home after work, they linger and hang around. There has never been any trouble, its never escalated into anything but a few beers and a smoke or two of marijuana. The back of the place is in plain view to me, but not to the road, so its well hidden this daily affair after work. I know the owner of the business and his partner, and I am sure they are aware, they don't even have a high turn over rate, its just a business that runs on time everyday with good results, you should see both their houses, the owners. Just a scenario, whether its legal or not, this will continue, and not just here, its all over, so I don't know what the laws and the testing will accomplish either way, this will persist.
To me, its plainly obvious that no one should be using alcohol or any drugs while at work. Its also clear that you should not be getting intoxicated for any reason so that the next morning you are adversely affected with a hangover or your mind is hazed from what you did the night before. A person needs to be fit for work and that does include what you do off hours to certain extent, also firmly believe a person has a right to privacy, and the drug testing violates that, so this really opens a can of worms because there are many that you would just never know or even suspect that use marijuana, then there are some that are plainly obvious, hence the popularity of drug testing.
I certainly agree with Billy Shafer, I never want to work with anyone who does not respect themselves or others because they are frequently intoxicated and are not fit for work due to hangover or similar. So if you are a heavy drinker or smoker of weed, or other drugs off hours, and it effects your fitness for work, myself and that person will have a conflict in short order. I worked with several fork lift operators at the lumberyard way back when, the worst mean drunks I have ever seen to date, one afternoon, he loaded my truck with 6 units of 4x4's that were to be delivered to the arsenal, 4 units on the headboard, 2 on the back instead of 2 pyramids of 3, "it's fine he says", ok, and off I go. As soon as I go over the curb onto the street making a left turn, the flatbed dump body, rises up on one side, the whole thing is listing and I almost lost it right in front of the place. I backed up, pulled back in, immediately sought that forklift driver out, did not say a word, wound up my arm and provided him a nice haymaker, he went over a pallet of shingles backwards and folded up between 2 pallets of shingles, and could not get out of between them now. All while the boss, and owner of the place was watching, whom I personally informed of this drunk several times before, he's screaming at me to stop well it was over before it started anyway. I got my point across with one shot, which any sober person should have blocked, and I am sure he felt it the next day. I did help him out of the pallets then made him reload the truck correctly, in front of everyone, boss included, and while still drunk or buzzed, had to make that delivery, I should have just loaded myself that day, not the first time he did this, I lost a whole load of wet 2x12 pressure treated because of him, on a 4 lane busy street, so he had it coming. I don't know why people can't control themselves, just the human condition.
Shameful, this guy was not a bad sort when sober, never had any reason to hate him except for one which was alcohol, that changes people, he had a lovely wife, and at the time a nice little boy, a good looking little kid, he had a lot to be thankful for, but decided a case of Genesee at 8am was priority. All of these guys drank themselves til death, they all passed away relatively young and left families behind, one I used to see passed out in a chair on his porch, on his day off. He did that until it killed him.
Fired for off hours use
