# Consequences of Random Drug Test Failure



## headtheball (Jan 26, 2015)

You guys all need to be in the random drug/ alcohol test pool. What happens if you test positive for weed? 

Does it make a difference if you are in a state where rec or medical use is legal? 

I was looking at the PUC (california) guidelines and don't any penalties associated with failure. Only requirement I found is to have drivers enrolled in a program. Can't find anything regarding penalties for testing positive for weed or anything else. 

Anyone have experience or knowledge?


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## Uber's Guber (Oct 22, 2017)

Whether medical or recreational in your state, an employer can fire or deny you employment at their discretion for marijuana usage. Uber considers it an illegal substance as well.


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## Kodyhead (May 26, 2015)

It's still illegal federally. And it also involves transportation.

Yes we may be able to buy weed legally and possibly buy bread and pasta by dime bags one day, but we are not there yet.


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## Stevie The magic Unicorn (Apr 3, 2018)

Even if it was legal, you can still get a DUI in a legal state.


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## headtheball (Jan 26, 2015)

Stevie The magic Unicorn said:


> Even if it was legal, you can still get a DUI in a legal state.


Sure but for pot you can test positive for a month after use.


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## BigJohn (Jan 27, 2016)

Whether or not you are able to use/consume pot or alcohol or other such controlled substances where you reside has nothing to do with driving, whether your personal vehicle or for Uber or whatever.

If you are caught driving under the influence of a controlled substance like pot or alcohol the penalty is a DUI convection and penalty. That DUI convection and penalty can cost you several hundred dollars to several thousand dollars. Oh, Driving under the influence of pot or alcohol can also have other ramifications, such as property damage, bodily injury or even DEATH.

IMHO, ANYONE caught driving under the influence of any controlled substance should at an absolute minimum lose their driver's license for life. Period.


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## headtheball (Jan 26, 2015)

BigJohn said:


> IMHO, ANYONE caught driving under the influence of any controlled substance should at an absolute minimum lose their driver's license for life. Period.


Wow, reading comprehension pretty low. question not about driving impaired. Question is about testing positive for weed from random drug test with NO relation to driving impaired.

Imagine using cannabis infused cream to treat your flaming hemorrhoids. Won't get you high but will get you a positive test result. Then what happens?


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## BigJohn (Jan 27, 2016)

headtheball said:


> Imagine using cannabis infused cream to treat your flaming hemorrhoids. Won't get you high but will get you a positive test result. Then what happens?


Rules are rules. Break them and suffer the consequences. Nobody is forcing you to use a cream that contains a controlled substance.


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## Kodyhead (May 26, 2015)

headtheball said:


> Sure but for pot you can test positive for a month after use.


Not with piss tests nowadays, maybe up to a week.

Just dont switch to synthetic weed, it causes seizures and or episodes of excited delirium and you may wake up in a hospital handcuffed to a bed. Maybe in a few days they will show you a video where it took 8 cops to hold you down lol

But you will pass a drug test lol

But seriously smoke the real stuff and try to beat the tests if you have to, never use synthetic


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## Uber's Guber (Oct 22, 2017)

headtheball said:


> Imagine using cannabis infused cream to treat your flaming hemorrhoids. Won't get you high but will get you a positive test result.


OMG, is that the newest BS excuse for failing a drug test? It use to be the_ "but, I ate a muffin covered in poppy seeds" _excuse.


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## headtheball (Jan 26, 2015)

BigJohn said:


> Rules are rules. Break them and suffer the consequences. Nobody is forcing you to use a cream that contains a controlled substance.


which is the question. what are the consequences? kicked out forever or take a class or something?


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## BigJohn (Jan 27, 2016)

headtheball said:


> which is the question. what are the consequences? kicked out forever or take a class or something?


Uber's policy is that if a "driver" is convicted of a drug or alcohol violation, that person will have their account permanently deactivated. Uber does a background check upon application and now periodically. (I do not know if it is annually or what.) A background check will find a drug or alcohol conviction.

IF you are operating as a licensed TCP and are required to be in a drug/alcohol random testing program, what happens if you fail a test is up to the employee/contractor.

As a former truck driver, the last place I worked their policy was that if a driver or independent contractor failed a test, they had 2 choices: Voluntarily quit or go into a treatment program. If the treatment program was completed then after 30 days could come back to work. Second offensive was permanent firing.

Uber has a zero tolerance policy so if a person was required to do a random test and failed, that would lead to permanent deactivation of the account.


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## Kodyhead (May 26, 2015)

Best case scenario might be another test, but I doubt it, most likely permanent deactivation.

And I dont think its uber, they are probably against the drug test cause they want more drivers lol, its probably the city or state that wanted the drug test


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## Uber's Guber (Oct 22, 2017)

Kodyhead said:


> And I dont think its uber, they are probably against the drug test cause they want more drivers lol, its probably the city or state that wanted the drug test


Uber lobbied against drug testing and fingerprinting in this state, but it's exactly as you said, _"cause they want more drivers."_
Uber's concern is the cost of drug testing and fingerprinting would keep many ants from being able to afford the cost of applying. However, Uber will deactivate if something shows up in a background check.


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## TwoFiddyMile (Mar 13, 2015)

headtheball said:


> Wow, reading comprehension pretty low. question not about driving impaired. Question is about testing positive for weed from random drug test with NO relation to driving impaired.
> 
> Imagine using cannabis infused cream to treat your flaming hemorrhoids. Won't get you high but will get you a positive test result. Then what happens?


Your asshole shrinks?

I appologize...
Still funny tho.


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## TBone (Jan 19, 2015)

Who is drug testing you for Uber Black? Are you a paid driver or do you own the business.? 
Is this an insurance thing? I just noticed they dropped the uber black car requirements in my city and thinking about getting a car. 
Now if i could just figure out how much money ill lose driving a Panamera lol


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## Texie Driver (Sep 5, 2018)

Uber's Guber said:


> Whether medical or recreational in your state, an employer can fire or deny you employment at their discretion for marijuana usage. Uber considers it an illegal substance as well.


Not here. They have to cook up another reason to fire you. Of course, they will. Just like you can't shuffle a pax for having a service dog, you have to cook up a different reason.
*
Q. What if an applicant tests positive in a preemployment drug test?*

A. You cannot refuse to hire the applicant automatically. Employers cannot discriminate against an applicant for medical marijuana use if the applicant is a registered cardholder. Determine whether the applicant is a registered cardholder. If so, the employer cannot base the hiring decision on the applicant's medical marijuana use outside of work. If marijuana use outside of work poses a safety risk, you may be able to refuse to hire the applicant. In addition, an employer who would lose a federal license by employing a marijuana user is not required to employ the individual. This analysis is complex and it is recommended that you seek legal advice in this situation.

*Q. What if a current employee tests positive for marijuana on a drug test?*

A. You cannot automatically terminate the employee. Determine whether the employee is a registered cardholder. If so, and the employee was not using marijuana at the workplace and was not impaired on the job, then the employer may not terminate, discipline or discriminate against the employee. Marijuana will be treated like any other lawfully prescribed drug that may impair an employee's functioning at work.


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## UberBeemer (Oct 23, 2015)

BigJohn said:


> IMHO, ANYONE caught driving under the influence of any controlled substance should at an absolute minimum lose their driver's license for life. Period.


That seems kind of severe. How about allowing due process and waiting until someone is convicted first?


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## Texie Driver (Sep 5, 2018)

Kodyhead said:


> Just dont switch to synthetic weed, it causes seizures and or episodes of excited delirium and you may wake up in a hospital handcuffed to a bed. Maybe in a few days they will show you a video where it took 8 cops to hold you down lol
> 
> But you will pass a drug test lol
> 
> But seriously smoke the real stuff and try to beat the tests if you have to, never use synthetic


synthetic marijuana caused the death of my cousin's barely-adult son.
please do not use that garbage, please.


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## BigJohn (Jan 27, 2016)

UberBeemer said:


> That seems kind of severe. How about allowing due process and waiting until someone is convicted first?


By saying caught I implied convicted.


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## UberBeemer (Oct 23, 2015)

BigJohn said:


> By saying caught I implied convicted.


I would agree, and am not happy that it takes several in some cases before you lose your license. But that said, it is even scarier that many will drive anyway, and that means they are most likely uninsured to boot.


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## tohunt4me (Nov 23, 2015)

Major oil companies have tested for Synthetic Weed also for at least 4 years.

No one can detect L.S.D. without a spinal tap.

Be safe.

Only do LSD.

Humming " Are you experienced"- Jimi Hendrix


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## Stevie The magic Unicorn (Apr 3, 2018)

tohunt4me said:


> Major oil companies have tested for Synthetic Weed also for at least 4 years.
> 
> No one can detect L.S.D. without a spinal tap.
> 
> ...


Alchohol is also safe, just not before or while driving of course...


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## SurgeMasterMN (Sep 10, 2016)

headtheball said:


> You guys all need to be in the random drug/ alcohol test pool. What happens if you test positive for weed?
> 
> Does it make a difference if you are in a state where rec or medical use is legal?
> 
> ...





headtheball said:


> You guys all need to be in the random drug/ alcohol test pool. What happens if you test positive for weed?
> 
> Does it make a difference if you are in a state where rec or medical use is legal?
> 
> ...


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## Uber_Yota_916 (May 1, 2017)

anyone who gets a DWI while driving under the influence of pot deserves what they get. Usually caught by smoking in their car while driving. 

A little common sense goes a long way.


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## TBone (Jan 19, 2015)

Generally, there are no penalities for failing a drug test other than a treatment center or not getting a job. In some states, companies are forced to send someone to treatment before they can be fired. I would assume independent contractors can be fired though. 
Btw, NY is trying to make it illegal to test for weed


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## SurgeMasterMN (Sep 10, 2016)

Uber_Yota_916 said:


> anyone who gets a DWI while driving under the influence of pot deserves what they get. Usually caught by smoking in their car while driving.
> 
> A little common sense goes a long way.


Yeah Cheech


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## Ssgcraig (Jul 8, 2015)

headtheball said:


> You guys all need to be in the random drug/ alcohol test pool. What happens if you test positive for weed?
> 
> Does it make a difference if you are in a state where rec or medical use is legal?
> 
> ...


Uber will just go by federal law, it's illegal. I don't think any driving job will ever allow THC, too hard to determine when you consumed the THC.


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## SurgeMasterMN (Sep 10, 2016)

Ssgcraig said:


> Uber will just go by federal law, it's illegal. I don't think any driving job will ever allow THC, too hard to determine when you consumed the THC.


Wonder if u have a medical card if that would negate the law? Just like alcohol as long as you give yourself time and do not drive while doing either I think it is alright.

People in general just need to use common sense. Have fun be safe and responsible.

Yes.... Ants ? have to party too ? from time to time and are usually getting hauled around by other ants.


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## Ssgcraig (Jul 8, 2015)

SurgeMasterMN said:


> Wonder if u have a medical card if that would negate the law? Just like alcohol as long as you give yourself time and do not drive while doing either I think it is alright.
> 
> People in general just need to use common sense. Have fun be safe and responsible.
> 
> Yes.... Ants ? have to party too ? from time to time and are usually getting hauled around by other ants.


Federal law states it is illegal. If you hold a federal job, you can't have THC in your system. No card authorizes the use of THC a the federal level. Testing for alcohol is easy because it is out of your system quick. THC takes around 30 days, not so easy to determine if someone is stoned while driving.


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## NauticalWheeler (Jun 15, 2019)

THC is more fun than CBD


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## Cold Fusion (Aug 28, 2019)

headtheball said:


> You guys all need to be in the random drug/ alcohol test pool. What happens if you test positive for weed?
> 
> Does it make a difference if you are in a state where rec or medical use is legal?
> 
> ...


The law makes it illegal to drive on any substance that affects the body, brain or nervous system.

https://www.losangelesduiattorney.com/dui-faq/is-it-illegal-to-drive-while-stoned-in-california/
Under California law, marijuana use and driving is a bit of a gray area. The California DMV website states that "the use of any drug (the law does not distinguish between prescription, over-the-counter, or illegal drugs) which impairs your ability to drive safely is illegal."

https://www.sacbee.com/news/california/article232688547.html
Read more here: https://www.sacbee.com/news/california/article232688547.html#storylink=cpy


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## ariel5466 (May 16, 2019)

Kodyhead said:


> Not with piss tests nowadays, maybe up to a week


Don't give this horrible advice! That's not true at all! THC can be detected in urine for up to a month later. The only way it's out of your system in a week is if you only smoked once. For long term heavy users with a slow metabolism it can take up to two months to be clear.


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## SurgeMasterMN (Sep 10, 2016)

ariel5466 said:


> Don't give this horrible advice! That's not true at all! THC can be detected in urine for up to a month later. The only way it's out of your system in a week is if you only smoked once. For long term heavy users with a slow metabolism it can take up to two months to be clear.


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## Kodyhead (May 26, 2015)

ariel5466 said:


> Don't give this horrible advice! That's not true at all! THC can be detected in urine for up to a month later. The only way it's out of your system in a week is if you only smoked once. For long term heavy users with a slow metabolism it can take up to two months to be clear.


Not with the piss tests at labcorp or quest diagnostics.

You can buy tests at Walgreens and check yourself


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## ariel5466 (May 16, 2019)

Kodyhead said:


> Not with the piss tests at labcorp or quest diagnostics.
> 
> You can buy tests at Walgreens and check yourself


I have checked, about a year ago when I was trying to clear out so I could apply for a job in the medical field. At that point I was a daily pot smoker for the past 10 years. Slow metabolism and higher than average body fat percentage. It took me two months to piss clean.


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## Kodyhead (May 26, 2015)

Well all I can 


ariel5466 said:


> I have checked, about a year ago when I was trying to clear out so I could apply for a job in the medical field. At that point I was a daily pot smoker for the past 10 years. Slow metabolism and higher than average body fat percentage. It took me two months to piss clean.


And I can tell you it can be done after a week

There is plenty of advice online about it, with drinking a lot of water and collecting mid to late stream


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## ariel5466 (May 16, 2019)

Kodyhead said:


> Well all I can
> 
> And I can tell you it can be done after a week
> 
> There is plenty of advice online about it, with drinking a lot of water and collecting mid to late stream


Not for everyone. Metabolism and body fat percentage play a huge role. There's tons of stuff out there about how to reduce your chances of testing positive but there are only 2 surefire methods - give it the proper amount of time or figure out a way to use someone else's pee.


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## CDP (Nov 11, 2018)

One time, in band camp, this guy 'I know' got a job through job Corp. He had to pass a test. He just drank lots of water, had to piss so bad in the line, he went out and pissed, then chugged the water fountain, got back in line, pissed and passed... 

Did they not test all piss (including his) and randomly test applicants? Or, did the super hydration dilute stop it from making it into his pee?


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## nouberipo (Jul 24, 2018)

Uber's Guber said:


> Whether medical or recreational in your state, an employer can fire or deny you employment at their discretion for marijuana usage. Uber considers it an illegal substance as well.


Uber considers it an illegal substance......last I looked Uber is not in a position to decide law or to interpret it.


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## Uber's Guber (Oct 22, 2017)

nouberipo said:


> Uber considers it an illegal substance......last I looked Uber is not in a position to decide law or to interpret it.


Nothing for Uber decide or interpret;
Marijuana is already classified as a class 1 illegal substance, and Uber can deny you access to the app regardless what you decide or interpret.


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## ariel5466 (May 16, 2019)

CDP said:


> One time, in band camp, this guy 'I know' got a job through job Corp. He had to pass a test. He just drank lots of water, had to piss so bad in the line, he went out and pissed, then chugged the water fountain, got back in line, pissed and passed...
> 
> Did they not test all piss (including his) and randomly test applicants? Or, did the super hydration dilute stop it from making it into his pee?


I think he just got lucky. Pee that is too clear is seen as a red flag and usually results in an inconclusive test that needs to be redone.


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## Gtown Driver (Aug 26, 2018)

ariel5466 said:


> I think he just got lucky. Pee that is too clear is seen as a red flag and usually results in an inconclusive test that needs to be redone.


Makes sense. Unless you're a complete gym rat, odds are your pee isn't going to be fresh water clear any way.


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## Smell My Finger (Jun 11, 2019)

headtheball said:


> Wow, reading comprehension pretty low. question not about driving impaired. Question is about testing positive for weed from random drug test with NO relation to driving impaired.
> 
> Imagine using cannabis infused cream to treat your flaming hemorrhoids. Won't get you high but will get you a positive test result. Then what happens?


"Flaming Hemorrhoids"? Dude, that's just nasty, you need Jesus in your life!


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## Ssgcraig (Jul 8, 2015)

headtheball said:


> Sure but for pot you can test positive for a month after use.


Correct, which is why right now it's illegal when it comes to driving. You smoke Saturday, next Friday interview for Uber job, drug test you fail.

Answer is? You can't have THC in your body. Find another substance that has under 48 hour elimination time. I suggest cocaine, but now a days it's laced with fentanyl. Alcohol is legal in 50 states and has a short life span in your body.

Or, just do not use any substance?


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## Mtbsrfun (May 25, 2019)

Pot is easy to mask because it’s not water soluble. All you need to do is drinking a bunch of water 45-90 minutes before your test and take a couple b vitamins. The riboflavin in the bcomplex is excreted through your renal system as yellow and the water diluted your urine. If they suspect dilution they test creatine levels so taking some of that can help too.

Hence yellow urine that has an acceptable THC PPM below the threshold. Works every time, even for $300 GCMS tests.

And Craig, amphetamines and opiates are water soluble so they will be easier to detect if recently used and my dilution trick will not work as the water will only pull more out. I can smoke today and piss clean tomorrow or I can rail a few lines and piss dirty for a week.


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## JayBeKay (Oct 13, 2016)

I knew someone who always had a bottle of Quick fix close by in case a random drug test was required. Worked perfectly.


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## Daisey77 (Jan 13, 2016)

Are there states where Uber and Lyft are doing random drug screens? Living in a recreationally legal state, I know employers or companies are privately-owned so they can set whatever rules they want. If they don't want you smoking weed you can't smoke weed.


Kodyhead said:


> Not with piss tests nowadays, maybe up to a week.


Nope piss test still show positives up to 4 weeks old. Marijuana stays in your system for up to 4 weeks. I did hear there's a new swab that they can use to swab your mouth and that will pick up if it's been used within the last 24 hours but that is a brand new thing on the market. Until there is a proven efficacy I don't know how well that would stand up in court. Which might be why not a lot of places are using it yet.


Texie Driver said:


> Not here. They have to cook up another reason to fire you. Of course, they will. Just like you can't shuffle a pax for having a service dog, you have to cook up a different reason.
> *
> Q. What if an applicant tests positive in a preemployment drug test?*
> 
> ...


That is for medicinal marijuana not recreational. With Recreational marijuana, absolutely the employer can choose to hire you are not if your pre-employment drug screen comes back positive. It is their discretion. Just like a post-accident drug screen or random


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## Kodyhead (May 26, 2015)

Daisey77 said:


> Are there states where Uber and Lyft are doing random drug screens? Living in a recreationally legal state, I know employers or companies are privately-owned so they can set whatever rules they want. If they don't want you smoking weed you can't smoke weed.
> 
> Nope piss test still show positives up to 4 weeks old. Marijuana stays in your system for up to 4 weeks. I did hear there's a new swab that they can use to swab your mouth and that will pick up if it's been used within the last 24 hours but that is a brand new thing on the market. Until there is a proven efficacy I don't know how well that would stand up in court. Which might be why not a lot of places are using it yet.
> 
> That is for medicinal marijuana not recreational. With Recreational marijuana, absolutely the employer can choose to hire you are not if your pre-employment drug screen comes back positive. It is their discretion. Just like a post-accident drug screen or random


Mouth tests are even more unreliable and only tells you within the past couple of hours consumption

Btw your car can go up to 160 mph


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## Daisey77 (Jan 13, 2016)

Kodyhead said:


> Mouth tests are even more unreliable and only tells you within the past couple of hours consumption
> 
> Btw your car can go up to 160 mph


Right . which is exactly what we need regarding DUIs for marijuana. Currently there's no accurate way to really test for being under the influence of marijuana. There's no breathalyzer or roadside. They can force them to go down to the station and do blood work but as we know, if they've consumed any THC in the previous 4 weeks it could show up. So not only is it a pain in the ass to take everyone down to the station you suspect could be under the influence of marijuana, the results aren't going to prove they were currently under the influence. If these swabs can test even up to the last for 6 hours, that's good. That's all we need

Now, what about my car? 160?


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## Uberbrent (Mar 22, 2016)

I’ve seen a lot of posts of what employers can and can’t do for employees that test positive...unless you work for Uber corporate (or reside on California) you are not an employee. They can dismiss ICs for any reason they feel necessary.


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## welikecamping (Nov 27, 2018)

I may be late to the party, but ever since having to stand in line to get a cup, then stand in line to line up at a trough with fifty other sailors, some probably peeking at my junk, and pee in a cup to get my monthly rations, I've been opposed to drug testing of any sort. Since my experience in the service, which I still have issues over, I've sworn to never work for a company that does drug testing as a condition of employment.

I understand all the pro/con arguments, but for me, it's a personal issue. Much like I am opposed to DNA testing for insurance or "genealogical" purposes. I survived a very fine career in the IT world, working for organizations that I chose to work for. If uber or lyft decide it is necessary and make it a requirement, well then, I guess I'm back to really enjoying my retirement.


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## Fuzzyelvis (Dec 7, 2014)

TBone said:


> Generally, there are no penalities for failing a drug test other than a treatment center or not getting a job. In some states, companies are forced to send someone to treatment before they can be fired. I would assume independent contractors can be fired though.
> Btw, NY is trying to make it illegal to test for weed


I used to work with a guy who was a drug addict. He managed to keep his job because drug ADDICTION is considered a disability. He did go into treatment and was not taking any drugs when I worked with him. But I heard horror stories about his behavior before treatment from other workers and from him. He told me all this when I asked how he had managed to keep his job. But even if he'd relapsed, once he played the disability card they would have a hard time firing him so long as he went back into treatment.


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## Daisey77 (Jan 13, 2016)

Uberbrent said:


> I've seen a lot of posts of what employers can and can't do for employees that test positive...unless you work for Uber corporate (or reside on California) you are not an employee. They can dismiss ICs for any reason they feel necessary.


Hell here in Colorado they can fire employees without a reason. An employer can fire an employee with no reason and an employee can quit with no reason


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## Simpleton (Oct 22, 2019)

TCP transportation? Put it down.


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