How various states are handling UI/DUI investigations and the interpretation of results.
Someone could ingest/smoke on Friday night and still have enough active "substance" in a blood test to test as totally baked on Monday morning. Forgetting being left cold and broke from a workman's comp claim being denied for "drug use" (legal or not) for a minute, what happens with private insurance if someone T-bones you in an intersection on your way to work, and you test positive as part of a mandated "you were in an accident" clause if they have to take you to the hospital? Does it then become your fault even though the other guy was obviously not paying attention?
I saw where one state was drafting in their MMJ laws a provision that employers could not discriminate against anyone with a state-issued MMJ card. Pre-hire testing was the example used - on the job testing wasn't addressed. At the end of the day - alcohol isn't even scheduled - and you can be fired or lose a workman's comp claim for drinking on the job. Far cry between being a (legal) user on your own time and being stoned on the job.
A friend of mine just had to can a 37 year employee of the commercial electrical contracting firm they work for because his card was pulled and he failed a mandated, random drug test. I asked him - how do you differentiate between if the guy was high on the job on a Monday afternoon vs if he smoked a bowl over the past weekend? His response was that they have no way of knowing, but because of the kind of work they do, its zero tolerance - and legalized MMJ won't change that given their industry.
It will be interesting to see this one play out in the court system as there isn't a '1 drink per hour' thing on cannabis like there is on alcohol. They sell golden seal for a reason. (Now I am dating myself. LOL) This shit can stay in your system for weeks.
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