DISTRICT OF COLUMBIA: One of the most troubling aspects of current marijuana policy in this country, even in those states that have legalized marijuana, is the continuing job discrimination faced by those who smoke marijuana.
In 49 states (Arizona is the sole exception), a private employer is legally free to fire anyone who tests positive for THC in their system, without the slightest suggestion the individual came to work in an impaired condition. It is a relic left over from the “reefer madness” days when marijuana smokers were considered bad people, and employers were anxious to identify smokers and get rid of them.
Arizona does not permit employers to discriminate against legal medical marijuana users (they do not yet have legal recreational use) “unless a failure to do so would cause an employer to lose a monetary or licensing benefit under federal law or regulations.” Of course, employees in Arizona are not protected if they come to work in an impaired condition, or possess or use marijuana in the workplace. Until we manage to change federal law, that is a good model for new states to consider, as they draft either medical use or full legalization proposals.
For those who may not know, it is important to understand that THC remains in the system for days, or for heavy, long-term users even weeks, after the individual has smoked marijuana. But the individual is only impaired for about 90-minutes after smoking. It is the impairment that should be of concern to the employer, not the off-work usage.