Originally Posted by HiImBrian
Employers are still totally able to turn somebody away for failing a drug test. Just because smoking pot is legal doesn't mean employers have to accept it. Smoking is still an option just like it was before, only difference now is you can buy it from the store lol.
and p.s. my above comment was a joke.
Technically, this opens the door for someone who fails a drug test to sue their employer for firing them.
Unlike an alcohol blood test (which is more or less an indicator of the current level of intoxication), a urine test does not specify whether the subject is currently under the influence.
If the drug is legalized (as it now is per state law), then an employer has lost a lot of justification for firing someone over a positive test. You might as well fire someone for having oxycontin, nyquil, or whatever prescribed medicine in their system.
The federal statute still prohibits use, but most companies and employers are licensed by the state.... so unless your boss wants to petition a federal court to hear their case my *guess* would be that on the job drug testing is going to become a major grey area.