Question

Consider this: Four states in our union have "legalized marijuana for recreational use"...Alaska, Colorado, Oregon and Washington. Furthermore, there are 19 other states that have some form of legalization or decriminalization laws currently on their books. With that said, many organizations test for "illegal substances" either prior to or during employment. There are those that even test for tobacco use, considering tobacco to be harmful. If evidence of drug use is found in an employee's system, an employee might be fired regardless of the state laws or prior legal precedent. If the company declares tobacco to be off limits to its employees, the employee may be fired if found to be violating the company policy on tobacco use.

1) Is it fair to penalize the employee who is a "recreational user" who, while visiting one of the four states listed above, used marijuana? Why? Be specific.

2) Tobacco is legal in all states yet there are organizations that will terminate employment if tobacco is found in an employee drug screen. How can a company possibly terminate an employee for using a substance that is completely legal?

Answer 1

Q1. Yes, it is fair to penalize the employee who is a "recreational user" and used marijuana while visiting one of four states mentioned above.

These four states have "legalized marijuana for recreational use" which means it is no more illegal to use marijuana for recreational purpose but companies have not really welcomed this decision with open arms. Companies have zero tolerance policies against the use of such kind of drugs as they feel these drugs are against the spirit of a work environment. Companies cannot allow employees coming to work intoxicated because in this condition they are definitely not fit for working as their mental and physical capabilities might be affected.These drugs adversely affect their job performance and productivity. Moreover, intoxicated employees can misbehave with others. So, in order to maintain decorum of a workplace, it is essential for the employers to have strict rules against the use of such drugs.

Q2.Although some states might have legalized marijuana for recreational use but when it comes to companies, they have zero tolerance policies against the use of such drugs.Companies cannot allow employees coming to work intoxicated because they will be unfit for working that way. These drugs affect mental and physical capabilities of an intoxicated person which brings down their productivity. Such employees can also misbehave with others. So, to keep up the spirit of a work environment and maintain decorum of a workplace,employers abide by such strict rules. Since, marijuana have been legalized by these states, employers cannot sue intoxicated employees,nor can they put them behind the bars but employers can terminate them for such behaviour.