Why It’s Legal to Be Drug Tested
The first thing many people ask when they find out that they have to pass a drug test for a new job or for some other purpose, is: “Is it legal to be drug tested?”
While many are still vigorously arguing the tenets of the laws that make it legal to drug test, the bottom line for now is that having to pass a drug test in 2013 is a legal request that employers are entitled to ask of both potential and existing employees.
Those in the fight against drug testing argue that to be drug tested for any substance is a violation of an individual’s Fourth Amendment rights—that is, the amendment of the United States Constitution that guards citizens from unreasonable search and seizure. Some suggest that taking a sample of a person’s urine, hair, or other bodily substance for the purposes of testing them for drugs is not just unethical, but according to their interpretation of the law, it is also illegal.
Nonetheless, it is legal to be tested for drugs, and now, in nearly two dozen states, it is legal to be tested for drugs to obtain welfare or other state assistance.
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.
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