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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116823
Experience:  20+ Years of Employment Law Experience
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I am a travel nurse and passed a pre-employment drug screen.

Customer Question

I am a travel nurse and passed a pre-employment drug screen. While traveling to my next assignment I passed through Colorado where marijuana is legal. Now I hear the hospital in New Hampshire drug tests on arrival. What should I do? I thought they could only test me once for pre-employment and then only on suspicion. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

While marijuana is legal in Colorado and California and Washington, legally it is still against federal law and legally an employer can refuse to hire someone or can terminate someone if they fail a drug test for marijuana in employment matters. There is no law saying they can only drug test an employee once. An employer can have pre-employment screening, they can also have a testing policy to test employees 1) upon hire, 2) randomly, 3) post job injury testing and 4) reasonable suspicion. If the employer has such a policy, then legally they can test you.

The only thing you can do is try to delay the start of your employment for two or three weeks to let the marijuana pass out of your system or you could have a problem with the new employment I am afraid.