Sure they can. They're private entities, they can do whatever they want. Unless a case made it all the way to the Supreme Court and a decision was made to declare testing for marijuana unconstitutional. Then there are always other penalties companies can impose on employees. Such as higher medical insurance co pays. Some companies already do that to tobacco users, and tobacco is legal. Some companies test for alcohol, and that is legal too!
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It would though. You really think it would get legalized with protection? Times are changing man and fast better get with it.
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Most good jobs (not all, but most), are never going to be OK with an employee being a pot head in my lifetime. Granted, I'm playing devil's advocate a little here, because I've seen a lot. I have seen close friends lose six figure jobs they had for 10 or more years because they tested positive for weed. Do I think that is right? No, not really. But its the modus operandi for corporate America at the moment. I don't see big sweeping or fast change. Companies want clean, sober, and efficient workers to boost productivity. Sorry bud, but that's capitalism. Learn to play the game as it is today, whether you agree or not. If it changes someday, we'll all adapt!
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Have you payed any attention the last few years? How much money did Colorado make this year from taxing it. Look it up and tell me every other state won't want a piece of that. Employers want good workers I agree but your work should be judged on your work not your piss.