Wisconsin Considers Ban on Mandatory Drug Testing

Many Americans face challenges with legal marijuana use due to employers’ rights to fire employees who use it. For workers in many private and government organizations, mandatory drug testing creates unnecessary stress. Many activists believe that companies should not have the right to dictate what their employees do or consume outside of work. For a long time, politicians and courts have ignored this gap in legalization laws, but now a bill to ban mandatory marijuana drug testing is being considered in the Wisconsin state legislature.

Addressing the Drug Testing Issue

According to local media, David Bowen, a Democratic state representative from Milwaukee, recently proposed a bill that would formally prohibit private companies from forcing their employees to undergo drug tests. Specifically, the bill seeks to ban testing for marijuana use, since people have the right to use it freely outside of work.

As Representative Bowen points out, THC metabolites can remain in the body for a considerable amount of time. Other cannabinoids are also processed slowly by the body, which is unusual for psychoactive substances. On average, traces of THC can stay in a person’s blood for a couple of days after a single use. Metabolites remain in saliva for about the same amount of time. However, cannabinoids can be detected in urine for up to a week after a single use.

For people who use marijuana regularly for medical or recreational purposes, it can take up to a month and a half for cannabinoids to fully leave the body, during which time they must completely abstain from use. Naturally, it’s impossible to clear THC metabolites from the body in just a week—or even a day—before a surprise drug test. If you can’t hide marijuana use during a test, you risk serious reprimand or even being fired, even if you never used marijuana at work.

“It’s funny that people who show up to work after drinking too much alcohol are often just sent home to sleep it off with a simple warning, while an employee who uses marijuana can face termination and be blacklisted by employers,” Representative Bowen said in an interview.

Bowen highlights the problem created by differences in marijuana laws across states. Wisconsin residents only have access to therapeutic marijuana, but nothing stops them from using recreational marijuana in Colorado or Washington. However, after returning home from vacation, these tourists risk being fired for using a mild psychoactive substance in their free time.

A New Kind of Reform

Beyond changes for Wisconsin, Mr. Bowen’s bill also represents a new frontier for national marijuana legislation. It’s worth noting that Wisconsin is not a major center for marijuana reform. A year ago, the state managed to legalize CBD after several failed attempts at medical reform. That’s where Wisconsin’s achievements in legalization currently stand.

On the other hand, several cities in the state—particularly Madison and Stevens Point, which have a high proportion of young people—plan to decriminalize the cultivation and use of marijuana by the end of the year.

For now, Bowen is not proposing radical reforms, but he hopes that banning mandatory cannabinoid testing will allow the state to make a unique contribution to national reform efforts.

“I support legalizing both recreational and medical marijuana, but I have to admit that not everyone in the state is ready for such reforms yet. However, I hope this bill will allow the law to protect people who legally use medical and recreational marijuana from being fired or demoted at work,” Bowen said.