This applies to pre-employment patients who have not yet been officially hired, and are running into obstacles to getting employment due to their patient status. Unfortunately, prospective employers have much discretion as to whom they hire, and patients tend to accrue more rights once they are hired. A "pre-employment" drug test may take place days or even several weeks after one has been working at a new job.

As a result of the Ross decision, if you are a patient applying for a new position, you do not have the right to refuse a "pre-employment" drug test, and you must take the test if it is required and you want the position. However, you do not need to sign your rights away or agree to quit, and if it comes down to it, make them terminate you as opposed to doing so voluntarily. Here are some strategies to consider:

1. Negotiate the date of the drug test, cease using medical marijuana and use non-cannabis-related medicine for your condition

If you have the ability, negotiate with your employer as to when exactly you are required to take the drug test. This will allow you to cease using medical marijuana long enough (approximately 1-5 days for occasional users, 1-3 weeks for regular users, or 4-6 weeks for heavy users) so as to avoid discrimination. Before you take the test, you may take a home drug test. For more information on drug testing, see California NORML's page.

What are the different kinds of tests looking for?

Urine tests do not detect the psychoactive ingredient of marijuana, THC, but rather other, nonactive metabolites (remnants) that are expelled by the body once it has processed the primary chemical. When a blood test is used, the pathologist can actually test for the presence of the chemical, THC, and not the remnants. Hair follicle tests also seek the presence of metabolites but are notoriously unreliable in confirming marijuana use. They are more commonly used to discern harder, synthetic drug use, like cocaine. Additionally, the Food and Drug Administration has been highly critical of hair follicle tests because they can be influenced by hair product.

Why does marijuana stay in my system for so long?

Marijuana stays in your system longer than other drugs primarily because THC is fat soluble, which means it gets stored and processed by your body's fat cells. So, the length of time that THC stays in your system depends both on the speed of your metabolism, as well as on the half-life of the THC you have ingested. Unlike most other substances, the half-life of THC can vary quite a bit, depending on who is using it, when or how it's used, and several other factors. For example, it is estimated that THC can have a half-life that ranges anywhere from 1-10 days, but it is almost impossible pinpoint where in that range the half-life actually is, thus, it is very difficult to use it to calculate how long it will take for all of the THC to leave your body.

Additionally, the speed of your metabolism and how much marijuana you smoked will also have an effect on the length of time that it will take before you have completely flushed your body of metabolites and will test negative for marijuana use. After all, the half-life is only the length of time that it takes for you to lose half of the THC that is in your system. If you used a significant amount of cannabis, then it will take you longer before the THC in your body drops back below the amount that is detectable by most drug tests.

2. Negotiate the date of the drug test, cease using medical marijuana and try to get a doctor's prescription for Marinol.

If you have the ability, negotiate with your prospective employer as to when exactly you are required to take the drug test. If you decide to cease using medical marijuana, you may also want to consider using Marinol to address symptoms of your condition. Because Marinol's active ingredient is THC, a major cannabinoid present in whole-plant marijuana, sometimes Marinol can provide similar, if possibly inferior, relief for your symptoms. You should speak to your primary care physician and recommending physician about a possible prescription for Marinol. If the physician deems it appropriate, he or she will give you a Marinol prescription and you can begin your use of Marinol, in lieu of medical marijuana. For more information about Marinol, see Section E. of this FAQ. Make sure that you present a copy of your Marinol prescription to the drug testing company, and to the employer, when you are drug tested. Please note that confusion may ensue, as, on most drug tests, the lab technicians will not be able to tell the difference between whole-plant marijuana and Marinol, as these tests test only for the presence of THC. However, please also note that drug tests do exist (gas chromatographs) that can differentiate between the two, but they are more expensive, and thus, rarely used.

3. Continue using your medicine, notify your employer of your recommendation, and educate your employer

If you have an upcoming drug test (which you must pass to gain full employment), and your prospective employer is unaware of your patient status, and you expect to test positive for marijuana metabolites and intend to continue using your medicine, you should notify your prospective employer of your condition and patient status, and present a copy of your doctor's recommendation. Further, you should educate your prospective employer in the hopes of getting the job.

This strategy also applies if you have failed a previous conditional drug test or if your prospective employer learns about your status as a medical marijuana patient in a manner unrelated to a drug test.

This Pre-employment Negotiation Letter (.doc) is a template for patients to personalize and use to educate their employers about why they should not discriminate against medical marijuana patients. At whatever point in the aforementioned process you choose to inform your prospective employer about your patient status, simply modify the letter and present it at that time. Use the letter to try to negotiate with the prospective employer to hire you despite your status as a patient and explain that since you do not medicate during work hours, your status as a patient should be irrelevant to your ability to carry out your duties. If the prospective employer refuses, ask for a written response to the letter, and feel free to send a copy of the written response to ASA's Legal Services Coordinator and explain the situation.

4. If you are denied employment

If the prospective employer denies you employment for being a medical marijuana patient, you can still file a complaint with the Department of Fair Employment and Housing (DFEH), to make sure that this incident of discrimination is put on the record, but know that it is a mostly symbolic statement, as it is almost certain no action will be taken under current law. To file the complaint, follow these directions:

• File a FEHA (Fair Employment and Housing Act) Complaint with the DFEH within one year of the discrimination. You will have the choice to either (1) Ask for an investigation and go through the full complaint process or (2) Ask for an immediate Right To Sue letter. We advise you to ask for the full investigation, as it create a more complete record. To begin the complaint process, fill out the Pre-Complaint Questionnaire and then call DFEH to schedule your interview at 1-800-884-1684. Here is a flow chart that demonstrates how the complaint progresses. After filing, fax a copy to ASA's Legal Services Coordinator at (510) 251-2036. ***NOTE: Your DFEH complaint must be filed within ONE YEAR from the last act of discrimination (the refusal to employ you) or you may lose your right to file a lawsuit under the FEHA.


• Write up a brief summary of your case and try to propose the case to lawyers. Note the status of your DFEH claim based on disability to try to create interest in a lawyer taking your case. You will have only 6 months from the date you receive your DFEH Right To Sue letter to bring an action based on your disability discrimination claim.


• You can look for information on California Employment Lawyers using www.Martindale.com or trying search terms on Google such as "civil rights", "employment", "disability" and "lawyer" and "Your Region". Additionally, here are some employment lawyers in the Bay Area:
  • Kletter & Peretz,
  • Casper, Meadows, Schwarz & Cook,
  • Boxer Gerson,
  • David Lipson, and
  • Richard Rogers.

This applies to currently employed patients who are facing an upcoming possible drug test failure, or have been threatened with termination based on a previous drug test failure or due to their patient status. Patients who have been employed for awhile have greater rights than patients starting new jobs.

In the disappointing January decision, Ross v. Raging Wire, the California Supreme Court determined that medical marijuana patients cannot state legal claims for damages under the Fair Employment and Housing Act or on public policy grounds for retaliation from employers for testing positive for marijuana. However, a current employee does retain the right to refuse to take a drug test. Remember, you do not need to sign your rights away or agree to quit, and if it comes down to it, make them terminate you as opposed to doing so voluntarily. Here are some strategies to consider:

1. Refuse to take the drug test

If you have an upcoming drug test, and your prospective employer is unaware of your patient status, then you may be able to refuse to take the drug test. If you are a patient who is in a non-safety-sensitive position, and your employer has no probable cause to administer a drug test (such as your involvement in an accident or injury), and you have not previously agreed to drug testing as a condition of your employment, then you may refuse to take a drug test when asked by your employer. If you are retaliated against for doing so, you may have a legal cause of action based on the case, Semore v. Pool (1990) 217 Cal.App.3d 1087, 1098).

2. Negotiate the date of the drug test, cease using medical marijuana and use non-cannabis-related medicine for your condition

If you have the ability, negotiate with your employer as to when exactly you are required to take the drug test. This will allow you to cease using medical marijuana long enough (approximately 1-5 days for occasional users, 1-3 weeks for regular users, or 4-6 weeks for heavy users) so as to avoid discrimination. Before you take the test, you may take a home drug test. For more information on drug testing, see California NORML's page.

What do each of the different types of tests screen for?

Urine tests do not detect the psychoactive ingredient of marijuana, THC, but rather other, nonactive metabolites (remnants) that are expelled by the body once it has processed the primary chemical. When a blood test is used, the pathologist can actually test for the presence of the chemical, THC, and not the remnants. Hair follicle tests also seek the presence of metabolites but are notoriously unreliable in confirming marijuana use. They are more commonly used to discern harder, synthetic drug use, like cocaine. Additionally, the Food and Drug Administration has been highly critical of hair tests because they can be influenced by hair product.

Why does marijuana stay in my system for so long?

Marijuana stays in your system longer than other drugs primarily because THC is fat soluble, which means it gets stored and processed by your body's fat cells. So, the length of time that THC stays in your system depends both on the speed of your metabolism, as well as on the half-life of the THC you have ingested. Unlike most other substances, the half-life of THC can vary quite a bit, depending on who is using it, when or how it's used, and several other factors. For example, it is estimated that THC can have a half-life that ranges anywhere from 1-10 days, but it is almost impossible pinpoint where in that range the half-life actually is, thus, it is very difficult to use it to calculate how long it will take for all of the THC to leave your body.

Additionally, the speed of your metabolism and how much marijuana you smoked will also have an effect on the length of time that it will take before you have completely flushed your body of metabolites and will test negative for marijuana use. After all, the half-life is only the length of time that it takes for you to lose half of the THC that is in your system. If you used a significant amount of cannabis, then it will take you longer before the THC in your body drops back below the amount that is detectable by most drug tests.

3. Negotiate the date of the drug test, cease using medical marijuana and try to get a doctor's prescription for Marinol.

If you have the ability, negotiate with your employer as to when exactly you are required to take the drug test. If you decide to cease using medical marijuana, you may also want to consider using Marinol to address symptoms of your condition. Because Marinol's active ingredient is THC, a major cannabinoid present in whole-plant marijuana, sometimes Marinol can provide similar, if possibly inferior, relief for your symptoms. You should speak to your primary care physician and recommending physician about a possible prescription for Marinol. If the physician deems it appropriate, he or she will give you a Marinol prescription and you can begin your use of Marinol, in lieu of medical marijuana. For more information about Marinol, see Section E. of this FAQ. Make sure that you present a copy of your Marinol prescription to the drug testing company, and to the employer, when you are drug tested. Please note that confusion may ensue, as, on most drug tests, the lab technicians will not be able to tell the difference between whole-plant marijuana and Marinol, as these tests test only for the presence of THC. However, please also note that drug tests do exist (gas chromatographs) that can differentiate between the two, but they are more expensive, and thus, rarely used.

4. Continue using your medicine, notify your employer of your recommendation, and educate your employer

If you have an upcoming drug test, and your employer is unaware of your patient status, and you expect to test positive for marijuana metabolites and you intend to continue using your medicine, you should notify your employer of your condition and patient status before the test and present a copy of your doctor's recommendation; or you can take the test, and if you test positive for marijuana, you can present a copy of your recommendation either to the drug testing company or directly to your employer. Which strategy you employ is up to you, and depends on your relationship with the employer and her/his expected reaction to your patient status, but the important thing to remember in this situation is that this can be a negotiation. Further, your best strategy at this point is to educate your prospective employer in the hopes of keeping your job.

This strategy also applies if you have failed a previous drug test or if your employer learns about your status as a medical marijuana patient in a manner unrelated to a drug test.

This Negotiation Letter for Currently Employed Patients (.doc) is a template for patients to personalize and use to educate their employers about why they should not discriminate against medical marijuana patients. Tailor the letter to your situation and use it (along with your recommendation) to negotiate with the prospective employer to continue to employ you despite your status as a patient. Explain that since you do not medicate during work hours, your status as a patient should be irrelevant to your ability to carry out your duties. If your employer refuses, ask for a written response to the letter, and then feel free to send a copy of the written response to ASA's Legal Services Coordinator and explain the situation. If you are actually terminated, go to the enxt section, C..

We are so sorry to hear that your employer has terminated you because of the medicine that you need to use. You can send this Termination Negotiation Letter (.doc), which is a template for patients to personalize and use to educate their employers about why they should not discriminate against medical marijuana patients. If your prospective employer refuses to rehire you, ask for a written response to the letter, and then feel free to send a copy of the written response to contact ASA's Legal Services Coordinator and explain the situation.

If your employer retaliates against you for being a medical marijuana patient and terminates you, apply for Unemployment Insurance benefits and continue to reapply even if you receive a notice of denial. Follow the instructions on the denial letter to appeal it, and then contact ASA's Legal Services Coordinator to discuss how to prepare for your Unemployment Insurance Appeal hearing. Pre-Ross v. Raging Wire several patients have fought these denials and won, so definitely give this a try.

Also, you can still file a complaint with the Department of Fair Employment and Housing (DFEH) within one year of the incident to make sure that this incident of discrimination is put on the record, but know that it is a mostly symbolic statement, as it is almost certain no action will be taken under current law. To file the complaint, follow these directions:

• File a FEHA (Fair Employment and Housing Act) Complaint with the DFEH. You will have the choice to either (1) Ask for an investigation and go through the full complaint process or (2) Ask for an immediate Right To Sue letter. We advise you to ask for the full investigation, as it create a more complete record. To begin the complaint process, fill out the Pre-Complaint Questionnaire and then call DFEH to schedule your interview at 1-800-884-1684. Here is a flow chart that demonstrates how the complaint progresses. After filing, fax a copy to ASA's Legal Services Coordinator at (510) 251-2036. ***NOTE: Your DFEH complaint must be filed within ONE YEAR from the last act of discrimination (the refusal to employ you) or you may lose your right to file a lawsuit under the FEHA.


• Write up a brief summary of your case and try to propose the case to lawyers. Note the status of your DFEH claim based on disability, and also the possibility of causes of action based on the common law claim of wrongful termination in violation of public policy, or breach of contract. You will have only 6 months from the date you receive your DFEH Right To Sue letter to bring an action based on your disability discrimination claim. For a wrongful termination suit, make sure you file your claim within 1 year of the termination; for breach of oral contract, within 2 years of the breach; and for breach of written contract, within 4 years of the breach.


• You can look for information on California Employment Lawyers using www.Martindale.com or trying search terms on Google such as "civil rights", "employment", "disability" and "lawyer" and "Your Region". Additionally, here are some employment lawyers in the Bay Area:
  • Kletter & Peretz,
  • Casper, Meadows, Schwarz & Cook,
  • Boxer Gerson,
  • David Lipson, and
  • Richard Rogers.

Safety-sensitive positions are usually federally regulated or have special regulations under state law, and all Class A trucking licenses are regulated by the Department of Transportation. Patient-employees in these positions will have an even more difficult time asserting their rights in this context, and will almost certainly be terminated based on their patient status or a failed drug test. The Department of Transportation specifically created certain regulations governing medical marijuana that mandate the removal of a patient who fails a drug test. See Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143 Oct. 28, 1991) tit. V. 105 Stat. 952, 49 C.F.R. §§ 653, 654. Furthermore, even if ASA's proposed legislation, A.B. 2279, had passed, patients who test positive for medical marijuana and work in safety-sensitive positions would not have been protected under California law, although the employer would first have to prove that the position did, in fact, involve safety-sensitive work. Additionally, because the Semore v. Poole protections (which allow you refuse a drug test) are not extended to federally regulated safety-sensitive positions, it is advisable that all patients in safety-sensitive positions should take drug tests when asked. (Semore v. Pool (1990) 217 Cal.App.3d 1087, 1098).

Although the federal government does not recognize marijuana as medically effective, it does allow for the use of the prescription drug Marinol, which contains THC, one of the more than 50 cannabinoids present in marijuana. Employers are not required by federal law to take adverse consequences against persons with prescriptions for Marinol who test positive for THC, which is often the only cannabinoid tested (gas chromatographs can test for the presence of the other cannabinoids, but are very rare in an employment drug screening context). For more information about Marinol, see Marinol's website, and the next question, E., in this FAQ.

Although the federal government does not recognize marijuana as medically effective, it does allow for the use of the prescription drug Marinol, whose active ingredient is THC, one of the more than 50 cannabinoids present in marijuana. Marinol is a Schedule III prescription drug in pill form, and is it legal to prescribe under federal and every state law across the country.

California employers are currently allowed to discriminate against medical marijuana patients as a result of the unfortunate Ross v. RagingWiredecision, and even people who are on federal supervised release or who live in non-medical marijuana states should be able to use a medicine similar to one that already works for them. Thus, if a patient is forced to cease use of medical marijuana, that patient should consider getting a Marinol prescription and using Marinol to address symptoms of her or his condition. Marinol's active ingredient is THC, a major cannabinoid present in whole-plant marijuana, and thus sometimes Marinol can provide similar, if possibly inferior, relief for your symptoms. Unfortunately, Marinol is fairly expensive and that may be prohibitive for many patients, although, in 2011, Marinol is going off-patent, which may bring the price down considerably. Additionally, Marinol does not afford the same ability to self-titrate (or, choose the time and amount of medicine to ingest) to patients that whole-plant marijuana provides. In some cases, patients also note that the effects of the pill may be either too weak or too strong for their conditions.

After researching Marinol, if appropriate, you should make an appointment to speak to your primary care physician, your recommending physician (if you are in a medical marijuana state), or another physician in good standing in that state about a possible prescription for Marinol. If the physician deems it appropriate, he or she will give you a Marinol prescription and you can begin your use of Marinol. All doctors throughout the United States are allowed to prescribe Marinol, as it is a Schedule III drug (as opposed to whole-plant marijuana, which is in Schedule I) and legal under federal law. You will likely have to educate your doctor on why you believe the use of Marinol will be helpful for your condition, even if the usage is off-label (not for a condition listed on the Marinol bottle). Here are some strategies you may employ:

1. At the consultation, educate your primary care physician on what you believe the benefits of Marinol will be relating to your specific condition. If possible, approach your physician with evidence that suggests that Marinol, or THC, is a very legitimate treatment for your condition. You may want to try contacting Solvay Pharmaceuticals (choosing Option 8 on the phone menu), the company that produces Marinol, to inquire about the availability of such supporting evidence. You may also draw on your previous successful experiences using medical marijuana, if appropriate, and explain that you think there is a likelihood of at least some success, given that THC is the only active component of Marinol and a major component of whole-plant marijuana. Then, ask your doctor to write you a prescription for Marinol, either for on-label, or indicated, use (anorexia and nausea/vomiting from AIDS and cancer), or off-label use, depending on your condition. Feel free to have your physician contact our Legal Services Coordinator for more information before making his or her decision.

2. If your primary care physician is unwilling to write you a prescription for Marinol, you should contact organizations listed for your state in ASA's Local Resources section to inquire as to whether they are aware of any sympathetic doctors who are more familiar or appreciative of the medical benefits of THC, marijuana or Marinol or who are familiar with marijuana's efficacy relating to your specific condition. Ask the local contacts if they know any doctors even from their personal and business circles. Identify a doctor and make an appointment and, at a consultation, ask your doctor to write you a prescription for Marinol, either for on-label, or indicated, use (anorexia and nausea/vomiting from AIDS and cancer), or off-label use.

3. Finally, if a friendly organization search yields nothing, you may also want to call through healthcare lists of doctors and use Google (search terms: "medical marijuana physician Your State") to attempt to find a doctor who is aware of the benefits of medical marijuana. It is more likely that these doctors, if they exist, would be living near the larger metropolitan areas of the state.

In educating your physician, you should use these materials:

• A copy of Schedule III of the Controlled Substances Act. A controlled substance on Schedule III may be legally prescribed by a doctor under federal and state law. Marinol is listed in 21 C.F.R. § 1308.13(g) as synthetic dronabinol, or THC.
• Explain your condition to the doctor and detail your experiences using non-marijuana conventional medicines and how those medicines did not help adequately. If you have had bad experiences with opiates and their side effects of possible addiction and constant grogginess, you should mention them. Tell the doctor (if appropriate) that you have used medical marijuana or Marinol before and it has helped with your condition. Also use ASA's educational booklets on medical marijuana and various conditions. If you need information on a condition that is not listed, you can also try the Institute of Medicine Report (1999) or Google (using search terms: "medical marijuana study Your Condition"). Then, explain that since THC is the only active component of Marinol and a major component of whole-plant marijuana, you believe that Marinol will help you similarly to medical marijuana.
• Additionally, your physician can get information about Marinol and its uses from Solvay Pharmaceuticals on this page specifically designed for health care professionals.

Employers are not required by federal law to take adverse consequences against persons with prescriptions for Marinol who test positive for THC, and indeed, should not discriminate against patients who have a valid prescription under state and federal law. Present your Marinol prescription to the drug testing company, and to the employer, when you are drug tested. Please note that confusion may ensue, as, on most drug tests (either in an employment or criminal context), the lab technicians will be unable to tell the difference between whole-plant marijuana and Marinol, as these tests screen only for the presence of THC. However, there are some tests using gas chromatographs that either employers or criminal authorities may access, that can test for the presence of the non-THC cannabinoids and differentiate between the two substances, but the use of these tests is very rare because of their expense. In any case, you should ask to be treated in the same way as any other person in your situation with a prescription for any other type of medicine.

What conditions are approved for treatment with Marinol, and what conditions might be appropriate for a prescription for off-label usage?

Marinol is approved, or indicated, for use in the treatment of anorexia and nausea/vomiting that occur as a result of AIDS and cancer or treatment of AIDS or cancer. These uses are considered on-label uses. However, any physician can prescribe any medication that is cleared for use by the FDA to treat ailments for which the medication was not originally tested if the physician thinks the medicine will have a positive effect and not cause more harm than currently used medications for the same ailment. This is referred to as off label-usage.

Off-label usage is very common in the medical community, and has yielded some great alternative uses for drugs, which sometimes are more important than the original use for which the drug was intended. For instance, minoxidil was originally approved by the FDA for use in patients with renal (kidney) problems as a diuretic. However, doctors eventually discovered that minoxidil (now most commonly marketed as Rogaine) could also be used topically to promote hair growth, and prescribed it for this off-label usage. Similarly, before its off-label success treating erectile dysfunction, Viagra was originally tested and used to treat heart failure.

It is up to your doctor's discretion as to whether she or he prescribes something for off-label use. In asking your doctor to prescribe Marinol to treat the symptoms of your condition, you should present any evidence that whole-plant marijuana has demonstrated success with your condition, including medical studies, and note Marinol's chemical similarity to whole-plant marijuana. Besides AIDS, cancer, severe nausea and anorexia, various state laws allow patients to use medical marijuana for a variety of other conditions, including: arthritis, cachexia, chronic pain, glaucoma, migraine headaches, persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis, seizures, including, but not limited to, seizures associated with epilepsy, Alzheimer's disease, Crohn's disease, irritable bowel syndrome, anxiety, depression, insomnia, ADD syndrome. Thus, it is likely that a patient may get similar, if inferior relief from Marinol for these conditions. It is legal, and any patient can ask any physician if they would consider prescribing Marinol for his or her condition because Marinol is a much safer medicine than any of the alternative medicines. Make sure to highlight that Marinol has a higher LD50 value (LD50 is the individual dose of a medication required to kill 50% of a population of test animals), and thus a higher safety margin, than any other medication in the pharmacopoeia, and thus will not cause more harm than currently used medications for the same ailment.

We have heard anecdotally that many local public agencies (such as the City of San Francisco) do not engage in discrimination of patients, and that some do not require a pre-employment drug screening as a condition of employment, unless the patient is applying for a law enforcement-related position. Additionally, we have also heard that the University of California, while requiring pre-employment drug screening, specifically excludes marijuana from relevancy. Many "New Economy" companies also often have liberal drug testing policies. Please contact ASA's Legal Services Coordinator to report any positive treatment or corporate policy relating to medical marijuana so that we can add employers to our Hall of Fame.

On March 13, 2008, in Lanier v. City of Woodburn, the Ninth Circuit Court of Appeals struck down the policy of the City of Woodburn (OR) that required a pre-employment drug test for the non-safety-sensitive position as page (book fetcher) in the City Library. The Court held that the pre-employment drug testing was unconstitutional and violated the Fourth Amendment's protections against unlawful search and seizure because the City failed to demonstrate a special need to screen a prospective page for drugs. The decision found that the City required testing of the pages for purely symbolic reasons, which was not enough to avoid the constitutional requirement that a search or search warrant be based on evidence of wrongdoing. Since a drug test is a search, the same reasoning applies to a city's drug testing of applicants for everyday jobs with no connection to safety or security, and the city must present evidence as to why drug use in a particular job would be dangerous.

However, since the Fourth Amendment only covers government employers, the holding also only applies to government employers. This case will now create an interesting tension between this federal case denying suspicionless drug testing, and the two California Supreme Court cases of Ross v. RagingWire and Loder v. City of Glendale, that held that California's right to privacy, which is supposed to be broader than that of the Fourth Amendment, does not prevent employers from general pre-employment drug testing. No matter what, if you are applying for a non-safety-sensitive position for a local, county, or state government, and you are rejected based on your refusal to take or failure of a universal suspicionless pre-employment drug test, and you decide to file a complaint, you and your lawyer should definitely raise this case in support of your argument.

For more information on this case, see the ACLU, and the San Francisco Chronicle article.