Pre-Employment Drug Test

[outsideinxpert]

I have an opportunity to interview with two companies that are large national companies.  Do I have any legal recourse if I am denied employment due to my legal MM cardholder status and usage.

 

Should I admit that I am a MM cardholder during the interview (probably a bad idea) or wait until I am being tested and admit it only to the testing facility. If I wait until the actual test, am I protected under HIPPA, as I would be if I had a prescription for pain killers and tested positive for opiates.

 

My argument is that if I can be hired with a legal prescription for pain killers, why wouldn't I be hired for the MM usage, which I'm legally allowed to due being a qualified cardholder.

 

Is there any expectation of confidentiality between my medical use and a potential employer?

 

I am a regular user, at most once a day, but not every day and only a couple of tokes for pain, a little seems to go a long way with me.  I stopped about 3 weeks ago when I learned of these opportunities. Its my understanding that a cheek swab can only detect within 48 hrs., a UA can detect up to 3 months and a hair test can detect for up to a year or more based on the length of your hair. 

 

This is an incredible opportunity for me, but I'm not sure if I'll pass the test, if I don't I'm trying to figure out if I have any protection under the law or any possible recourse.

[t-pain]

I have an opportunity to interview with two companies that are large national companies.  Do I have any legal recourse if I am denied employment due to my legal MM cardholder status and usage.

nope, see federal case of walmart joe.

 

tl;dr feds dont recognize mmj, if you sue because you lost job... they go to fed court and case is tossed.

 

 

 

 

 

Should I admit that I am a MM cardholder during the interview (probably a bad idea) or wait until I am being tested and admit it only to the testing facility. If I wait until the actual test, am I protected under HIPPA, as I would be if I had a prescription for pain killers and tested positive for opiates.

 

 

 

be honest in interview, maybe it halp. maybe not.

 

testing facility sometimes will accept mmj card and give no result. other times they just say you have mj in your pee.

 

hippa dont protect mmj , its fedral not state.

 

 

 

 

 

My argument is that if I can be hired with a legal prescription for pain killers, why wouldn't I be hired for the MM usage, which I'm legally allowed to due being a qualified cardholder.

 

 

 

 

when you get a prescription for marijuana, you let us know.

 

 

 

 

Is there any expectation of confidentiality between my medical use and a potential employer?

 

 

sure, your medical marijuana info is confidential and anyone who reports identifying information in any way is breaking the law. of course, you consented to a drug test.... so you probably somehow consented to your info , or at least your pee info being transmitted back to your employer. (i dunno, gets confusing in there)

 

 

 

 

I am a regular user, at most once a day, but not every day and only a couple of tokes for pain, a little seems to go a long way with me.  I stopped about 3 weeks ago when I learned of these opportunities. Its my understanding that a cheek swab can only detect within 48 hrs., a UA can detect up to 3 months and a hair test can detect for up to a year or more based on the length of your hair. 

 

This is an incredible opportunity for me, but I'm not sure if I'll pass the test, if I don't I'm trying to figure out if I have any protection under the law or any possible recourse.

 

 

 

 

sure, heres some ideas.

substitute your pee at the testing facility (as long as its still legal to do so)

anonymously ask what testing facility the employers use, call the testing place up anonymously and ask them what they do with mmj patients.

anonymously ask the employers if they hire mmj patients.

or just have a friend apply for the same job and ask about mmj.

 

good luck

Edited October 15, 2014 by t-pain

[Wild Bill]

If you stopped using three weeks ago I don't think you'll have a problem. Get a home test kit and see for yourself before you go in for the real thing.

[trichcycler]

don't tell anyone anything, until the human resources tells you that your pee has drugs in it. if positive request another one next week, before confessing. I bet your pee is clean now.

[Indigro]

Worked for a large manufacturing co that did the whole works including random... they'll likely use the cheapest ua screen. Hair tests are expensive as are ua's that measure really low counts. Doubt they will do those, but that will depend on the job/insurance requirements.

 

Stick w your game plan... don't use, flush out your system. Don't say darn single word about it. Don't even ask about the test procedures, definitely don't ask about the results... assume you will pass & have nothing to worry about. If it comes back positive, act entirely shocked & suggest this is all wrong & retest, if they will allow it.

 

Good luck w the job. First things first, get it.

[Restorium2]

For reference; GM and Nexteer do hair tests. Very hard to beat the hair test. Do a google search for your potential employer 'new hire policy' (new hires posts on social media) and you may be able to narrow down what test they are using so you don't waste your time doing things to beat a pee test if they are doing hair tests like GM and Nexteer. 

Edited October 15, 2014 by Restorium2

[Willy]

I was hired by a big company, took there drug test, an was surprised i passed,(chronic medicated),, when i got to the job, i joked with my new boss bout passing the drug test,  He said "if we didnt hire mj users we would run out of  workers" .. Ya just never know....

[imiubu]

I got hit with a random @ a factory job, smoked the night before and passed.

 

On probation I got hit with a dirty drop when I was clean.

 

Friend didn't get hired @ GM due to the detection of the masking agent in her hair.

 

 

 

Best of luck and please let us know the outcome.

[Habenero]

For reference; GM and Nexteer do hair tests. Very hard to beat the hair test. Do a google search for your potential employer 'new hire policy' (new hires posts on social media) and you may be able to narrow down what test they are using so you don't waste your time doing things to beat a pee test if they are doing hair tests like GM and Nexteer.

There are some products that claim to cleanse your hair but they're BS. If UR a dude give yourself a buzz cut and also use the clippers to trim all body hair on the shortest setting. Then you'll only have maybe the past month's of hair growth. May help, may not.

[Restorium2]

There are some products that claim to cleanse your hair but they're BS. If UR a dude give yourself a buzz cut and also use the clippers to trim all body hair on the shortest setting. Then you'll only have maybe the past month's of hair growth. May help, may not.

I know someone who failed recently. They took his armpit hair. Not sure what they do if you shave your pits. 

[Habenero]

I know someone who failed recently. They took his armpit hair. Not sure what they do if you shave your pits.

Yeah I didn't know they do that which is why I'd cover all bases and manscape everything. Don't know how effective that would be though if some body hair grows slower than your head hair. Ideally you do a full body shave but that'd be awkward for a dude. But I guess shaving your head is awkward for a chick.

[Highlander]

Yeah I didn't know they do that which is why I'd cover all bases and manscape everything. Don't know how effective that would be though if some body hair grows slower than your head hair. Ideally you do a full body shave but that'd be awkward for a dude. But I guess shaving your head is awkward for a chick.

 

I did the full body shave once and told the testers I was competing in a body-building competition soon.  They kinda laughed and sneered, but what else could they do with just stubble?

[knucklehead bob]

Full body shave ? ? ? The ONLY place I've ever shaved is my face . I can't even imagine shaving my scrotum , I mean what is it exactly you are going to do at this job ? ? ? 

[Highlander]

Full body shave ? ? ? The ONLY place I've ever shaved is my face . I can't even imagine shaving my scrotum , I mean what is it exactly you are going to do at this job ? ? ? 

 

It is easier than you'd think.

[trichcycler]

alrighty, enough info fellas lol! who the hell sells their soul to work for a place that discriminates against sick people using natural medicine, sanctioned by the state and a physician to heal their lives? shave their scrotum? fukkem.

 

I wont hire anyone who doesn't use cannabis medically. Imagine That, me, Working for You!

[bobandtorey]

don't tell anyone anything, until the human resources tells you that your pee has drugs in it. if positive request another one next week, before confessing. I bet your pee is clean now.

 

 

Thanks very good and i agree tell no one until they tell you sometimes they ask you to take the test and if you don't mine doing so just to see how you react 

[bobandtorey]

I say if you've got the dough, show your card and if they mess with you, sue them.

 

 

Thank you

 

Why didn't  Walmart Joe do that then he had the ACLU on his side ?

[trichcycler]

I say if you've got the dough, show your card after testing dirty and if they mess with you, sue them.

 

How much could it cost to defend my rights this way ? An attorney would work pro bono for a case such as this? Or for a percentage of the settlement perhaps ? not drilling,or putting you on the spot, genuinely interested

[trichcycler]

reason I ask is maybe a gofundmecom preemptive for this or other causes......can you imagine the power of righting all these wrongs, regardless of how much cash the victims have.. that would be awesome! any problem with creating the circumstance to prove the point in court?

[t-pain]

How much could it cost to defend my rights this way ? An attorney would work pro bono for a case such as this? Or for a percentage of the settlement perhaps ? not drilling,or putting you on the spot, genuinely interested

aclu does a lot of pro-bono work. you could try asking them what the walmart joe case cost. many hours i bet.

 

there is also a case going on in WA or CO (i forgot which) the paralyzed guy who works tech support at dish networks was fired after testing dirty. but its legal to use mj there now and theres a state law that says you cant be fired for 'legal activities' etc...

Edited October 15, 2014 by t-pain

[cristinew]

Here is what i  Say,, No Way,,,,,,,  Ain't Gonna Whiz in a bottle for the Boss Man, NO WAY !  

 

Those Were The Days My Friend   Blissfest  is the best,

Edited October 29, 2014 by cristinew

[bobandtorey]

I don't know all the details, but it didn't work out for him, and the problem remains. Perhaps an issue of venue?

 

 

Right on Walmart took his case to the Fed's i did talk to one of his ACLU Lawyers that you had  at your Birmingham Compassion Club Meeting i think 

 

We all know  about Walmart and their Money 

[bobandtorey]

How much could it cost to defend my rights this way ? An attorney would work pro bono for a case such as this? Or for a percentage of the settlement perhaps ? not drilling,or putting you on the spot, genuinely interested

Thanks

But IMHO the word could should be replaced with Would it cost and again IMHO it wouldn't even be about Money it would be about Fame , and all the rest that goes with that 

[trichcycler]

fame only if the lawyer worked pro bono/ won the case/ or the victim had enough money to continue until the win. otherwise, they disappear and the injustice continues.

[bilholz]

Can my factory i work at still fire me for dropping dirty even tho i have my mmp card?