This discussion post talks about marijuana and the legality of termination based on state and federal law.  Before I read the introduction as instructed, I have my own personal feelings on the matter.  I understand Marijuana is becoming more and more legal in some fashion or another in various states.  However, it is not legal federally.  I work for the Department of Defense, which is a federal institution, that follows federal law.  Just based off that, any drug in my eyes is bad.  It is just how it is.  Call it institutionalized, or whatever you want.  That is just how it goes when you’re a federal employee.

Moving on, after reading the introduction, I can see the gray area for proper civilians of employers.  It does get confusing if a state says it is legal, but illegal federally.  What do they do?

I found another similar article discussing an employee who smoked on his off time in Colorado, which was a “lawful act.”  He then was randomly drug tested and obviously did not pass.  The employer fired him for use of drugs.  He sued for wrongful termination but lost because the courts said that for the act to be lawful, it must be legal both state and federal.  THC is not legal federally, so, unfortunately, those suing for wrongful termination in Colorado, will lose (Guerin, 2020).

That doesn’t seem fair, does it?  Using elements that we have learned throughout this course, I can see an employer using several to assist them in this new legal THC phenomenon.  Contracts would be the first and biggest one.  A contract would ensure an employee does not have any doubt to what they can and cannot do off company time to ensure they maintain their employment.  The contract would help the company with any negligence that could arise.  An employee wanting to work for Company “A” will have to adhere to their rules and not smoke marijuana if they truly want to work there.  An employee can be negligent if they show up to work high and not able to perform their job to standard.  This is where substance abuse policies would come into play.  The company does not want any trouble or their employee to harm themselves by showing up high and doing something they shouldn’t. That is why there are policies in place. 

The question at the end of CH. 12’s introduction asks should an employer be able to terminate someone and enforce a no marijuana rule for off duty hours.  I think yes because the average person still does not know the effects it has on our bodies and how long it stays in our system.  The Company is just being safe and maintaining that all drug use on or off is not allowed.  It is to mitigate risk so the company may thrive.