End the Unconstitutional Practice of Cannabis Drug Test Discrimination
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The Fourth Amendment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Cannabis Drug Testing Facts
Based on our data and research, it has been determined that the average person who smokes cannabis once has a failure rate of 50% at 12 days. It is also the only substance on the standardized SAMHSA 5 Panel Drug Test (used throughout the country) that can be detected for more than several weeks. This is due to the non-polar, hydrophobic nature of cannabinoids at the molecular level. When consumed, the fatty tissues in our bodies attract and soak up these molecules, and then slowly release them back into the blood stream over time for metabolization. This, unfortunately, ensures a very long detection window that has been exploited for capital gain. Without drug testing for cannabis, which doesn’t prove if a user was under the influence at the time of the test, the six billion dollar drug testing industry that exists today would collapse.
The Core Issue
Drug testing violates every person's core Privacy and Due Process Rights set forth by the Fourth Amendment of the Constitution. These programs have increasingly been used to justify discriminatory policies against people who use cannabis - especially minorities and people of color. In the 1980s, the Reagan administration began to heavily promote workplace drug testing with the same type of false propaganda that is being used to manipulate the public today. Drug testing proliferated from safety sensitive jobs to non-safety sensitive jobs in a short amount of time. After stealing the public's trust with engineered lies and false claims, politicians created financial incentives for companies to create and enforce the pre-employment drug test - where you are presumed guilty until proven innocent for no reason. Today, suspicionless drug testing of public high school students takes place and now doctors throughout the nation are using "medication contracts" to force their patients (many of them veterans) into taking a urine drug test in exchange for medication. Make no mistake about it, there is no end in sight when it comes to finding an excuse to drug test someone.
A Racial Look at Drug Testing
Racial discrimination and drug testing is running rampant. After normalizing five years of our drug test submission data with an Ethnic Population Distribution Report and then cross-referencing with labor force characteristics from the Bureau of Labor Statistics, it has been determined that if you are Black or African-American, then you are 1.4 times more likely to be drug tested for any reason, including random. These findings corroborate with the well established fact that on average, a Black person is nearly four times more likely to be arrested for marijuana possession than a White person, even though both groups use marijuana at similar rates. Hispanic and Latino people are 1.3 times more likely to be drug tested while on probation. Further information about the racial breakdown of drug testing can be found here.
Call to Action
Warrantless drug testing is a violation of the Fourth Amendment with programs that are invasive, unproven, expensive, and discriminatory. Random drug testing violates everyone’s privacy and causes irreparable damage to the delicate relationships between teenagers, parents, employees, and employers - and the overall relationship between the government and the governed. With the wave of reformation that is taking place with the acceptance of cannabis, it is time to uproot the discriminatory drug testing practices of the 1980s and bring an end to cannabis drug testing as a condition of eligibility for employment, school-based extracurricular activities, and medical attention. No one should be punished for using a natural herb that heals the mind, body, and soul.
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