<\/p>\n
As marijuana becomes legal in Durango, many large employers continue to test new hires for the drug\u2019s active ingredient. This puts marijuana users at risk of losing their jobs for using a legally obtained substance.<\/p>\n
The persistence of drug testing for THC is just one of the confusing aspects of Colorado\u2019s evolving experience with legal marijuana.<\/p>\n
Employees can still be fired for using marijuana off the clock as courts continue to give employers wide latitude in dismissing or disciplining employees for drug use.<\/p>\n
Last year, the Colorado Court of Appeals upheld Dish Network\u2019s firing of a medical-marijuana patient after a positive drug test. The court relied on marijuana\u2019s illegal status under federal law for much of its reasoning. The case is now before the Colorado Supreme Court on appeal.<\/p>\n
Brian Vicente, executive director of Sensible Colorado, said the decision to hear the case \u201cindicates the Supreme Court is taking a hard look at this.\u201d<\/p>\n
Meanwhile, there have been few signs of employers moving away from drug testing, said Erik Altieri, communications director for NORML, a marijuana-advocacy organization.<\/p>\n
\u201cThere really hasn\u2019t been a whole lot of movement in that area,\u201d he said. \u201cIt\u2019s at the discretion of the employer whether or not they\u2019re going to drug test, or what they\u2019re going to drug test for.\u201d<\/p>\n
Amendment 64 states that the law does not interfere with employers\u2019 ability to restrict marijuana use at the workplace. When employees use marijuana on their own time, that becomes a legal \u201cgray area\u201d with their employer, says Sensible Colorado, a marijuana advocacy group.<\/p>\n
\u201cThe lay of the land is basically employers can really kind of have whatever drug policies they want even though marijuana is legal in Colorado,\u201d Vicente said.<\/p>\n
Sensible Colorado advises employees to \u201cbecome familiar with your company\u2019s drug policies and not push the envelope.\u201d<\/p>\n
Durango\u2019s largest companies and public agencies take varying approaches. Some test upon hiring while others don\u2019t test at all. Others may test employees if a worker\u2019s behavior gives rise to suspicion of drug use.<\/p>\n
Mercy Regional Medical Center, one of the area\u2019s largest employers with 1,091 employees, requires pre-employment drug testing for all new hires, spokesman David Bruzzese said. Employees can be tested again for \u201creasonable suspicion\u201d of drug use, or in certain post-accident scenarios.<\/p>\n
Mercy plans no changes to its drug-testing policies despite marijuana\u2019s changing legal status in Colorado.<\/p>\n
Other employers, including La Plata County and the Durango & Silverton Narrow Gauge Railroad, test new hires for what are called \u201csafety-sensitive\u201d positions. These jobs often involve operating machinery, and, in the county\u2019s case, law enforcement. Other employees are not tested when hired.<\/p>\n
Fort Lewis College, with about 600 employees, does not typically drug test employees. Spokesman Mitch Davis said the college has the option to test certain employees who drive as part of their jobs, but most employees are not tested.<\/p>\n
At Durango School District 9-R, only bus drivers are subject to pre-employment drug tests. All employees sign a form acknowledging 9-R\u2019s drug policy, spokeswoman Julie Popp said.<\/p>\n
The district\u2019s policy says employees \u201cshall be suspended immediately after arrest for possession or for being under the influence of a controlled substance.\u201d The superintendent may reinstate the employee if it\u2019s determined to be in the best interest of the district.<\/p>\n
THC, unlike some other substances, can remain in a person\u2019s system for many days, making a positive test more likely.<\/p>\n
So what happens if a valued employee tests positive for a drug that was legally obtained?<\/p>\n
\u201cIt is on the discretion of the company,\u201d said Rebecca Ballesteros, office manager at Drug & Alcohol Testing Associates Inc. in Durango.<\/p>\n
No clients of the Durango drug-testing company have asked for THC to be removed from the substances tested, Ballesteros said.<\/p>\n
Many of the drug-testing business\u2019 clients depend on federal funds, she said. Because marijuana remains illegal under federal law, employers that rely on federal money typically continue to require drug testing.<\/p>\n
\u201cAnyone that really has any sort of interaction with federal grants or funding, they\u2019re likely going to be some of the last to change,\u201d Altieri said. \u201cThey\u2019re really going to stick to federal law on that regard.\u201d<\/p>\n