By Amy Feldman

By Amy E. Feldman

PHILADELPHIA (CBS) – With some states legalizing marijuana, what is an employer’s right to drug test employees?

The UFC – that is the Ultimate Fighting Championship – which apparently is a sport, announced that welterweight Matt Riddle was released from participating in the athletic event for testing positive for marijuana. Riddle was quoted as saying, “I do smoke but I’m not smoking to get stoned. I’m smoking so I can finally relax, sit back and just not worry about things.“ No word on whether he was stoned when he made the statement.

Even if you aren’t an athlete, or a genius, when can you be drug tested?

Most state law allows an employer to conduct drug testing both prior to giving an offer of employment and throughout employment so long as certain privacy and security measures are taken during the testing process. That’s true for private employers even in states where marijuana may be legalized, and even for people with medical marijuana prescriptions because private employers have a right to set their own drug policies – no matter whether you are smoking to get stoned or not.

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