Ask the Expert – November 2017
Question: I just got a job offer from XYZ Company and did the background check and drug test. The drug test came back positive for THC. I live in a state where recreational use is legal and the company is telling me that they still have the right to pull the offer. Is that true? Can they do that legally?
Prudence: I actually expected to hear this question earlier than now. Yes, they are well within their legal rights to pull the offer. Federal law overrides state law and in the case of recreational use of marijuana, they are following the letter of the law. It’s been explained to me like alcohol, yes, it’s legal to drink but they don’t want employees to drink while working. Drug tests are not sensitive enough to figure out when that substance has been ingested and it can show up positive in your system in a urine test for more than a month, in a hair test, far longer. You will run into this issue moving forward as well unless you happen to come across a distributor who is no longer testing for THC. Good luck.