Are marijuna drug tests void if a out of stater smokes pot in that state which it's legal in?

We are not talking about medical marijuana! Example, If someone smokes pot in Colorado after January 1, 2014 but lives in Texas. He has not broken any laws in the state he currently lives in!

8 Answers

  • 7 years ago

    You don't go to jail for having THC in your system, you go to jail for possession of pot. Secondly ONLY time it becomes a crime is if you are already on probation/parole, even then the charge is violation of probation/parole. NOW if you mean something like losing your job....sad news for you, that's your EMPLOYERS choice, even people in Colorado can be fired from their job for smoking weed (if their employers decide to drug test). Rdnnr is ignorant, the Fed has a directive to NOT mess with any states who decide to legalize it. Repeatedly the DEA, and other Federal organizations have said they won't prosecute businesses who sell/grow marijuana, and won't hassle people who smoke in those states, so he's wrong as hell about you getting into any federal trouble. Point is while you won't face arrest, you WILL have to face your employer, your employer doesn't care what the laws are, they just know it is against their policy!

  • 7 years ago

    As long as he stays in Colorado he is OK. The second he crosses into a different state then the laws of the different state apply. So if you spend a weekend in Colorado smoking pot then you return home to Texas on Monday and bust a pot test then you are guilty and they can punish you as allowed under Texas law.

    If you got drunk in New Mexico and then drove back to Texas the DUI laws would apply would they not? Just because you got yourself DUI in another state does not negate what your state can do.

  • Mutt
    Lv 7
    7 years ago

    Since marijuana drug test are NOT void in the states that have legalized marijuana, why would other states make it void? It's not a law that companies have to drug test. It's all up to the company to decide to do drug testing or not, and what would disqualify you or terminate you.

    Alcohol is legal in all 509 states, and companies are allowed to fire you if you have alcohol in your system. Why do you think it would be different for a different mind altering drug?

  • 7 years ago

    No. An employer could still test for it and not hire or fire those who test positive. You can't get arrested for a positive drug test unless you are driving and suspected of impairment or it is a condition of probation. In either of these cases the fact the you smoked it were it was legal won't save you.

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  • 7 years ago

    No. Even in Colorado private employers can drug test you and refuse employment for a positive result. The law just makes it legal to use pot. It doesn't require employers to hire people who smoke pot.

  • Rdrnnr
    Lv 5
    7 years ago

    YOu are correct, but even in Colorado you will still be breaking Federal law and can and will be arrested by any Federal agent who catches you. So smoking of Federal land and a game warden or park ranger catches you, you go to jail.

  • 7 years ago

    legal or not, an employer can have the right to punish their employees if they are caught with drugs in their system.

    the only state i believe employers cannot discriminate against MJ use is Arizona (because i live here)

  • 7 years ago

    no, it does not "void" the test..

    it does not matter that it was legal in the state you were in.. if your job/parole officer/etc is requiring you to be drug free, then its not going to be voided because its legal somewhere else.

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