Why is it legal to drug test me?
Well, for starters, no matter how much we hate it, it is still illegal to use marijuana according to federal law, regardless of what those brash and brazen states like Washington and Colorado are doing, those crazy zeitgeists!
Yes, it is still legal to be drug tested because those who have the power to employ don’t have to honor the Fourth Amendment (don’t get me started) and they are allowed to ensure that you can pass a drug test before they decide whether or not they want to hire you.
A great deal of confusion comes into play when considering that even in states where it is legal to use marijuana medicinally or even legal to use marijuana recreationally, employers still maintain the right to require employees to pass a drug test before they can begin working for the company. Likewise, it is also legal in these states for employers to ask employees for samples in a random drug testing, either on-site (usually with the assistance of a mobile drug testing facility) or by having employees go to a drug testing lab.
“I don’t see how it’s fair. The state and my doc say I can smoke weed for my condition but it still keeps me from getting most jobs that are out there,” says Jeremiah Foster of Colorado Springs, CO. While his point may be a valid one, the current challenges that employees face require knowing how to pass a drug test—whether that means abstention, body cleansing and exercise, or using a rapid detox kit to ensure that drug test results come out with the desired results for American workers.