craigb
On a related note, my ex-roommate was applying for a job where his "work area" (as a service technician) consisted of parts of Oregon and Washington (basically the so-called Portland Metro Area). He applied, was interviewed twice and they wanted him to work for them, but he cancelled the process when he found out they do random drug testing which STILL includes marijuana as an illegal drug because the company's headquarters were in some mid-west state that uses the Federal guideline.
Actually, most businesses that test employees for drugs do not do so to be in compliance with some government guideline, but on their own initiative. They believe that employees that use drugs are of less value than those who do not, even if they are sober at the workplace. Casual drug use can be taken as a surrogate marker for irresponsibility, unreliability or poor productivity, and they do not care to examine, either the scientific basis of this prejudice or the specific behavior of a particular person when they are designing an employment policy. This is the same kind of thinking that leads them to do criminal background checks, credit reports (in states where this is legal) and require letters of recommendation. All things being equal they believe that an employee who does not use drugs or alcohol, pays all his bills on time, has a respected place in the community, and a stable family is less likely to experience disruption in his private life that may affect his work. They often justify this intrusion on the private lives of their employees as a matter of safety, and in this they are supported by their insurance companies, which sometimes either refuse to insure them or charge a higher premium to insure a workforce that is not drug tested. Of course the policy is often applied to all employees, not just those whose jobs actually involve a risk. The problem with cannabis testing, is that the positive test is poorly correlated with the level of capacity of the individual at the time of the test, since the drugs remains detectable for weeks after use, when the user is no longer under the influence.
Most states have no law to protect users from being fired for a positive test with the exception of medical marijuana use in a few jurisdictions. As a practical matter it is far easier to fire an employee because of a positive test violating employment policy, than it is to prove he is dangerous, incompetent or not productive.