Currently, the law is a bit foggy regarding workplace drug testing and legalized marijuana. A recent study shows that positive workplace drug testing for marijuana is down however, it seems to indicate that users are getting more sophisticated in terms of passing tests, says retired Superior Court Judge Eugene Hyman of Santa Clara, California.
Testing is indicating that workers are more likely to abuse prescription drugs than anything else and this is being caught during pre-employment testing or jobs that require testing on a regular basis, Hyman says.
The question is, if you have a lawful right to use marijuana, as you do now in Washington state and Colorado, and in over a dozen states with medical marijuana, and you're testing positive, can there be a consequence for that? Hyman says the law has yet to decide if you can be disciplined or fired for that.
Depending on the state and the industry with respect to the American Disabilities Act, do they have to accommodate you or provide you with an intervention and also with the Affordable Care Act, in terms of insurance companies discriminating with respect to pre-existing conditions or mental vs. physical problems? These are questions Hyman says that we'll have to wait to see the answers to depending on how the law develops in these particular areas.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network. For more information on the article in the Wall Street Journal, click here.