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Random drug test law question

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  • Random drug test law question

    Okay...I woke up and this question popped into my brain.

    Let's say Bob's bored with life in the US and flies to Amsterdam for a weekend. He buys and uses marijuana legally, and returns to work on Monday. When he goes to work, he is found to have used marijuana.

    Can Bob face legal action even though he didn't break US law? Can he get fired, even though all his actions were perfectly legal? Or can there be repercussions to his actions?

    Moderators: Please move to Non-Av...messed up

  • #2
    If Bob is working in a position that he had to sign a document saying that he understood that he was subject to random drug screenings and he goes and smokes pot - he is subject to termination if he fails a drug test.

    Most companies offer an "opt out" clause, meaning if you go to your boss in advance and admit to drug use the company will help you get into rehab and will overlook that "indescretion" but if you are caught in a random drug screening then you are subject to whatever the company deems appropriate...in accordance with FAA regulations for airlines and companies that have airline contracts that could be termination.

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    • #3
      I put $10 on ATLCenter being Bob.

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      • #4
        Originally posted by screaming_emu
        I put $10 on ATLCenter being Bob.
        Nah, just an 11th grader with a legal mind . I woke up and that was literally the first thought in my head.

        EDIT: Thank you mods for quickly moving the post...much appreciated

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        • #5
          Most companies don't have random drug screening clauses and they can't screen you for the hell of it. A company generally only has the right to screen someone if the person in question is acting as if they were under the influence of drugs while at work, and if they're wrong watch out!!!

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          • #6
            Originally posted by tommyalf
            Most companies don't have random drug screening clauses and they can't screen you for the hell of it. A company generally only has the right to screen someone if the person in question is acting as if they were under the influence of drugs while at work, and if they're wrong watch out!!!
            Certain positions in the airline industry are by FAA regs subject to random drug tests. Besides the obvious positions, ramp and gate agents that are also trained as ground security coordinators are also subject to random screens per regulation. I had several friends that were GSCs and were the biggest stoners on the ramp.

            In the 12 years I've been in the workforce, I've only been popped for a random test once. One place I worked at always seemed to get the same people for the random tests. One time, my manager left the list for who in the store was being called for the next round out and I happen to see it. I noticed that the store's resident stoner was on the list, so I gave him a heads up.

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            • #7
              I don't think Bob could be prosecuted, but I think he could be fired...as by agreeing to a drug test he also agreed to not using drugs while still under hire.

              But in any case...Bob should get a little bottle of a clean friend's piss and keep it in his underpants for a day prior to the test...should be fine.


              Also...assuming Bob rarely smokes...if ever, the marijuana would only stay in his system for about a week.

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              • #8
                LoL, 3 months clovis... They detect marijuana via the follicals in your hair. The testing is so accurate that they can tell if you were activley smoking it or if you were in the room as someone who was smoking it (passive smoking).
                What he said. A few years back some people created big sh*t over having their urine samples collected (some invasion of privacy stuff), so they just started doing it with hair.
                "The Director also sets the record straight on what would happen if oxygen masks were to drop from the ceiling: The passengers freak out with abandon, instead of continuing to chat amiably, as though lunch were being served, like they do on those in-flight safety videos."

                -- The LA Times, in a review of 'Flightplan'

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                • #9
                  Originally posted by kaddyuk
                  LoL, 3 months clovis... They detect marijuana via the follicals in your hair. The testing is so accurate that they can tell if you were activley smoking it or if you were in the room as someone who was smoking it (passive smoking).


                  So basically just stay the F*ck away from it if you are subject to drug testing...
                  I was assuming this would be a urine test, like most places do. The hair testing is much more expensive, most large corporations dont even do it, but I can see why the airline industry might, due to the regulations.

                  You could always just shave your head...

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                  • #10
                    Originally posted by kaddyuk
                    You'd have to remove ALL trace of hair, it goes into every hair on your body

                    Hey...I hear some chicks dig that stuff...the "ultra clean" look...

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                    • #11
                      I love America:

                      http://www.thewhizzinator.com/
                      Van Hoolio's JP.net Photos
                      lp.org

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                      • #12
                        Reading this post reminds me of a company I worked for, for two years. Monster Cable in San Francisco states on their application "have you ever used illegal drugs (other then marijuana)". That has to be one of the funniest things I've ever seen. So if Bob needs a job have him give Monster Cable a ring. Although you have to be on drugs to work for them, lol

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                        • #13
                          yeah, anyone who is regulated by the DOT (GSC's, pilots, etc.) are subject to the random screening. I once got popped about 5 times in 5 months (you can only get popped once per month). Some companies (like ours) offer a "last chance" program, where if you get caught, you can go through all sorts of rehab and frequent testing pretty much for the rest of your career. We make you sign a resignation letter ahead of time, so if you ever miss a screening or get caught, we terminate you then and there, no questions asked.
                          Work Right, Fly Hard.

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