Legal Question in Constitutional Law in Virginia

Drug Testing Laws

Say someone takes a trip to Amsterdam and uses marijuana, (a legal drug in Amsterdam) that is illegal in the United States, if you take a drug test at work after returning to the states would your employer be justified firing you if you test positive for THC.


Asked on 4/02/06, 8:38 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Drug Testing Laws

Employers who use urine tests to fire people based on trace amounts of marijuana or other information that is irrelevant to one's job performance would probably not care whether the employee smoked the marijuana in the U.S. or in Amsterdam, or whether it was smoked legally or illegally.

The federal government has very recently weighed in on this question for persons having or applying for government security clearances. There is now an "adjudicative guideline" that specifically refers to conduct that is legal in a foreign country, but illegal under U.S. federal law, as a basis for denying or revoking a clearance.

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Answered on 4/02/06, 9:57 pm


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