i have given this a lot of thought, because, i think, we want to balance the interests here and do what's reasonable.
i propose a law that says, in effect "any alcohol or drug testing is ok to use as long as it tests whether the person is intoxicated right now.
this accomplishes a couple of things
first, it equates drugs with alcohol, something the liquor lobby and the powers that be have strongly resisted.
when their ox is being gored, they squeal, but tough.
and, we make it clear that a cause of action shall lie for any test that does not test for "intoxication right now" as opposed to whether you use at all.
the testing companies to my knowledge have not come up with such a test YET. that is because of essential laziness and the fact that they have not had to. they did come up with that test for alcohol, because alcohol is a legal drug...so let's make 'em do the same, at least, for pot...which is now a legal drug in some states and the trend is going toward that side.
once the testing companies start losing revenue because they can no longer use their old tests, they will get off their butts and develop one.
as far as Eric and parolees, that is even more obvious, since we are talking about someone's freedom and we are talking about government action.
i ask Eric...is it ok for parolees to drink alcohol? (don't know, but i am presuming yes). in that case, it's ok for them to (at least) smoke pot...end of story.
so, we are not infringing upon the right of companies to hire and fire at will, and we are not infringing upon the right of the government to set reasonable restrictions on parolees. we are just saying, if you want a drug free workplace, then your tests must be reasonably calculated to achieving that. and we are sending a message that pot smoking, done at the proper time and place is just as ok as having a drink.
we don't allow witchcraft or divination to determine whether someone is drinking or using drugs at work...why, then, should we allow tests that do not determine that all, but instead determine the red herring of whether they use drugs at all?
it does not follow.
in short, treat pot exactly like alcohol, no more no less, and require that any tests be specifically tailored to determine whether someone is using at work.
but, Dave, you say...that's all well and good, but what about the meantime? how do we proceed right now?
well, for a start, you stop using the tests you currently use, and demand that testing companies come up with reliable tests for current usage, exactly like the have had now for years with alcohol.
will it be easy...don't know. i presume not, but that's also tough. i am sick of a bunch of alcoholics telling me i can't smoke pot...which by any objective standard is less harmful. but i am also cognizant of the need for safety and of protecting the basic principal of "Hire and fire at will"
i think my proposed solution does that.