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View Diary: Republicans really like making unemployed people pee in cups (142 comments)

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  •  Federal guideline in 42 USC § 503 L (1+ / 0-)
    Recommended by:
    Calamity Jean

    regarding controlled substances testing by states stipulates that such testing is permissible if:

    a)  the person lost their job due to testing positive on a drug test

    b) that passing a drug test is required for the type of employment the person is seeking, since actively seeking employment is a condition of receiving compensation.

    My guess is that these states are issuing these laws under the aegis of part "b."   And the Federal law references 21 USC § 802 for the definition of "controlled substance," which includes marijuana.  

    It's kind of an interesting quandary.  First to assume that every job one applies for requires drug testing.  I don't think you can make that assumption.  I for one have not peed in a cup since I graduated college.  It's just not done in my field.  I don't even use any drugs, and I wouldn't work for anyone who did, and I suspect I would not be alone in that.  

    So I think it's possible these laws could fail based on that alone.  

    If not, that brings the second question:  can a state say "it's ok to use medical marijuana with a prescription" in contravention to federal law, then turn around and say "unless you're on unemployment, cause the Feds say we can!"?  

    It's an interesting question....  

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