It’s Time To Rethink Termination Of Employees For Positive Marijuana Drug Tests (Op-Ed)Posted by On


“There is an increasing sense that we are on the wrong road. Not only are careers being cut short, but vital industries, starved for highly skilled workers, are losing talented, safety-conscious employees for no reason.”

By Lee Seham of Seham, Seham, Meltz & Petersen LLP

As a social conservative, alcohol has always been my drug of choice. For me, the odor of marijuana on a city street evokes a discomfiting sense of lawlessness and societal decline. But I remind myself that Carrie Nation, who attacked alcohol-service establishments with a hatchet in the lead-up to prohibition, had the same feelings toward the bourbon I so relish. And so it’s time to bury my own hatchet when it comes to cannabis.

Irrespective of one’s thoughts on marijuana legalization, we have reached a point of no return both in terms of culture and economics. More than 50 percent of Americans live in jurisdictions where recreational marijuana is legal, and 74 percent have access to medical cannabis. Revenue of the U.S. cannabis market will exceed $30 billion in 2023 and will increase at double-digit rates for the foreseeable future. State treasuries hunger for the tax revenue.

Given its legality, given its ubiquity, it is time we stop gratuitously destroying careers based on marijuana tests that say nothing about impairment. The problem is particularly acute in the transportation industry, where employers are compelled by federal law to randomly test employees and remove them from their safety…

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