Erik Hansen is a graduate student pursuing a Master of Public Policy and the “When I Was a Mustang…” columnist.
According to your eighth grade D.A.R.E. officer, there will never be a good time to use recreational drugs. According to your roommate, there is no better time than about a half-hour before the two of you walk to The Fremont to watch “The Birds.”
However, depending on your future ambitions, some of your current habits might have to take a backseat to reality. With public sector employment expanding exponentially, and so much of the private sector dependent upon contracting work with the state and federal government, workplace drug testing is becoming more common.
Drug use regulations and testing vary by employer. As a general rule, virtually all jobs in the public sector exist under the guise of some sort of pre-employment drug test and the constant threat of random drug testing. Things get a little murkier in the public sector and this is complicated by the fact that labor laws vary by state.
In California, if a private sector employer does not contract with the state or federal government, pre-employment drug testing can be completed at the discretion of the employer. A random drug testing program can be implemented for jobs where employees perform “safety-sensitive work.” If a private sector employer does contract with the state or federal government, employees will be subject to the State Drug-Free Workplace Act of 1990 or the federal Drug-Free Workplace Act of 1988. Both laws are similar — the state act was modeled after the federal act — and require all private contractors to maintain a “drug-free” workplace through such measures as a pre-employment and random drug testing program.
Due to the lucrative nature of state and federal contracting work, many private sector employers in California, including most engineering, architecture, planning and information technology firms, will pursue public sector contracting work, and thus, subject their employees to the requirements of the State or federal Drug-Free Workplace acts.
So, you’re a recreational user — which we will define in this article as no more than four exposures per month — of “fun” drugs — which we will define in this article as cannabis, cocaine and/or MDMA (ecstasy) — and upon graduation you would like to pursue employment with a public sector employer, a private sector employer that contracts with the state or federal government, or a private sector employer that conducts a pre-employment drug test and/or performs “safety-sensitive work.”
Congratulations, you will most likely be drug tested.
A workplace drug test can be completed through a blood, hair, saliva or urine analysis. However, almost all testing is done through urine analysis because it is cost effective, accurate and can detect recent exposure. The other tests are either expensive (blood), cannot detect recent exposure (hair) or can only detect recent (within three days) exposure (saliva).
According to documentation from LabCorp, one of the largest providers of laboratory drug testing, for the recreational user, following your last exposure, cannabis, cocaine or MDMA will remain at detectable levels for the following amount of time:
- Cannabis (THC): up to seven days (single use); up to two months (prolonged use)
- Cocaine: up to four days
- MDMA: up to two days
Keep in mind that if for some reason a hair sample is taken, you will need to have remained drug free for at least three months. Of all the workplace drug tests, hair samples provide the most extended indication of exposure. According to erowid.com — a member-supported collection of information on psychoactive plants and chemicals — hair tests take the most recent 1.5 inches of growth and use those for testing, providing a detection period of approximately 90 days.
There are many myths about drug tests, such as “drinking vinegar will help you pass” or that “secondhand exposure will cause you to fail.” Today, drug tests are sophisticated enough to weed out any attempt to “mask” your sample. Unless you’re Lance Armstrong, your sample will be flagged as abnormal if you make any attempt to “beat” your test. In addition, the typical cut-off for a positive test (50 nanograms per milliliter of pee) is well above the exposure you got at the Iron Maiden concert you went to the previous night.
Of course, everything is off the table when it comes to a lie detector test. The Employee Polygraph Protection Act of 1988 prevents (in almost all cases) private sector employers from administering lie detector tests. However, should you pursue a job in the public sector that involves sensitive information and/or national security, you will most likely undergo a polygraph examination focusing on security issues, accuracy of your application for employment and about your use (or sale) of illegal drugs.
For a new employee, the typical threshold for drug use will be one year; you will be asked if you have used and/or sold an illegal drug, or a prescription drug not prescribed to you within the past 12 months. For a lie detector test, there is no correct answer other than the truth.
Note: It is the author’s opinion that what you do on your time is your business; however, when your actions impact the lives of those around you, it is also the author’s opinion that you should be of sober wit and mind. Please keep in mind this is just a guide; the accuracy of this column cannot be guaranteed and is not meant to encourage drug use. In addition, drug testing/laws vary by jurisdiction and workplace and are subject to change. This column is not intended to interpret the law or give legal advice.