Smoke weed(Legally) in Colorado then drug tested at work in NJ

[SmokeyParkCop]

What is the name of your state (only U.S. law)? NJ

Hi, this is just a hypothetical now, but may end up being a real situation later on. I and a few of my friends have planned a trip to Colorado to celebrate 4-20 in the first ever state to legalize marijuana for recreational use. This use will be 100% legal and only purchased through legal channels and used in legal ways.

The problem is, i work with NJ State as a security Officer for the parks and they give random drug tests.

If i get a drug test and show positive after coming back from a state in which it is legal to use that drug, can I fight any charges/dismissals because of it? Would this be the same as showing positive for Opiates after getting prescribed pain killers by a doctor? I.e. a failure, but an excusable failure?

 

[Proserpina]

What is the name of your state (only U.S. law)? NJ

Hi, this is just a hypothetical now, but may end up being a real situation later on. I and a few of my friends have planned a trip to Colorado to celebrate 4-20 in the first ever state to legalize marijuana for recreational use. This use will be 100% legal and only purchased through legal channels and used in legal ways.

The problem is, i work with NJ State as a security Officer for the parks and they give random drug tests.

If i get a drug test and show positive after coming back from a state in which it is legal to use that drug, can I fight any charges/dismissals because of it? Would this be the same as showing positive for Opiates after getting prescribed pain killers by a doctor? I.e. a failure, but an excusable failure?

Not even close to being the same.

Your employer can fire you quite legally for failing a drug test.

Think about it - how does the employer know whether or not you smoked in Colorado versus NJ?

 

[TigerD]

And weed isn't actually legal in Colorado.

Colorado decriminalized it. Marijuana is still against federal law. Chances are that violating the law - state or federal - is looked at negatively for employment as a security guard.

DC

 

[justalayman]

Would this be the same as showing positive for Opiates after getting prescribed pain killers by a doctor? I.e. a failure, but an excusable failure?

well, not really but what makes you think testing positive for opiates, even if they were prescribed, would not result in a termination? and a lawful one I might add.

 

[dave33]

What is the name of your state (only U.S. law)? NJ

Hi, this is just a hypothetical now, but may end up being a real situation later on. I and a few of my friends have planned a trip to Colorado to celebrate 4-20 in the first ever state to legalize marijuana for recreational use. This use will be 100% legal and only purchased through legal channels and used in legal ways.

The problem is, i work with NJ State as a security Officer for the parks and they give random drug tests.

If i get a drug test and show positive after coming back from a state in which it is legal to use that drug, can I fight any charges/dismissals because of it? Would this be the same as showing positive for Opiates after getting prescribed pain killers by a doctor? I.e. a failure, but an excusable failure?

It does not matter what state you smoked in. If smoking marijuana is against company policy than you have broken an administrative rule.

 

[SmokeyParkCop]

And weed isn't actually legal in Colorado.

Colorado decriminalized it. Marijuana is still against federal law. Chances are that violating the law - state or federal - is looked at negatively for employment as a security guard.

DC

Decriminalized and legal are two different things, states like NY have decriminalized Marijuana, in NY you recieve a "Civil Citation" for possession of less then 25 grams...In Colorado, it is completely legal.

 

[Proserpina]

Decriminalized and legal are two different things, states like NY have decriminalized Marijuana, in NY you recieve a "Civil Citation" for possession of less then 25 grams...In Colorado, it is completely legal.

Which makes no difference whatsoever.

Again, you can be fired no matter what Colorado does or doesn't do.

 

[swalsh411]

You think you can violate federal drug laws and be protected against an unlawful termination? Think again.

You puff, you choose to take the risk.

 

[cbg]

State law cannot make Federal law go away. It may be legal under state law in CO. It is still illegal under Federal law in all 50 states.

 

[SmokeyParkCop]

This is where i whine about politics and 'states rights' vs 'federal rights being limited by the Constitution'...But in truth, none of that really matters, because my answer was already given in this...Basically, 'its the company policy that matters', if they say no pot then it's no pot no matter where you smoke it, even if it is 100% legal. After some research i found some states can fire employees for being cigarette smokers!

Thank you guys, i will look for other solutions....like, not smoking and being the designated driver for the trip

 

[TigerD]

Decriminalized and legal are two different things, states like NY have decriminalized Marijuana, in NY you recieve a "Civil Citation" for possession of less then 25 grams...In Colorado, it is completely legal.

You are wrong. There is no place in the United States where it is legal to smoke weed. See there is this concept called dual sovereignty. Colorado can decriminalize marijuana in Colorado -- change the laws and remove all criminal sanctions in Colorado for marijuana. Colorado, however, cannot amend, negate, or repeal federal marijuana laws.

Marijuana is illegal under federal law. Colorado is in the United States of America. Marijuana is not legal in Colorado.

Whether or not the feds choose to enforce it is another matter.

DC

ADDED:

This is where i whine about politics and 'states rights' vs 'federal rights being limited by the Constitution'

States don't have rights. They have powers.

 

[SmokeyParkCop]

You are wrong. There is no place in the United States where it is legal to smoke weed. See there is this concept called dual sovereignty. Colorado can decriminalize marijuana in Colorado -- change the laws and remove all criminal sanctions in Colorado for marijuana. Colorado, however, cannot amend, negate, or repeal federal marijuana laws.

Marijuana is illegal under federal law. Colorado is in the United States of America. Marijuana is not legal in Colorado.

Whether or not the feds choose to enforce it is another matter.

DC

Wasn't it like the Dred Scott decision that cemented states rights? It's been a few years since college, but i thought it was something like that...I know the 10th amendment is pretty clear, but i thought the dred scott decision further clarified it

 

[dave33]

Even in this hypothetical situation no criminal charges have been filed. Federal law, state law have nothing to do with the situation.

 

[TigerD]

Wasn't it like the Dred Scott decision that cemented states rights? It's been a few years since college, but i thought it was something like that...I know the 10th amendment is pretty clear, but i thought the dred scott decision further clarified it

Not quite.
Here is a summary.
http://www.oyez.org/cases/1851-1900/1856/1856_0/

As for the 10th Amendment being clear, it speaks to powers not rights.

dave33
Even in this hypothetical situation no criminal charges have been filed. Federal law, state law have nothing to do with the situation.

Dave, we were discussing the OP's blanket assertion that marijuana is legal in Colorado. It goes to his misconception that using a product that is legal in one state shouldn't have negative ramifications in another.

DC

 

[SmokeyParkCop]

This is an interesting discussion! I've started looking into the 18th amendment and what led up to its repeal...it looks like marijuana is going to follow the same path