What if you smoke pot where it’s legal and you fail a drug test?

Lets say I was in Amsterdam where pot is legal. If I smoked it then, got a random drug test on my job, what would happen if I tested positive for pot?

You would be subject to dismissal. The fact that you only smoked where it was legal is immaterial. Though unfair, employers can legally fire you when you test positive in furtherance of providing a drug free work environment.

The Supreme Court ruled in a similar case against native americans who were legally ingesting a substance called peyote for religious purposes of the Native American Church. Despite the legality of the substance on their indian reserve, they were fired from their jobs and the Supreme Court upheld the employers decision.

See “Employment Division, Department of Human Resources of Oregon v. Smith” 494 U.S. 872.

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