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As seen in High Times magazine Passing All Drug Test does not advocate the use of illegal drugs while on the job. Our company is against drug testing, especially drug testing without cause. One of the issues of drug testing is that it does NOT test for the use of drugs on the job. Drug testing doesn't test for impairment or intoxication, it tests for drug metabolites which can stay in the body for weeks - long after the effects of any drug.
We feel that an employee should be judged by his/her performance and productivity. What a person does on their own time in the privacy of their home is their business. If an employee has been coming into work on time and finishing all of their assignments, why should they be tested for drugs? If a person has been employed with a company for years and their evaluations have been exemplary, why would they need to be drug tested? We believe that drug testing goes against our 4th and 5th Amendment rights.
The 4th Amendment of the U.S. Constitution:
"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 affirmations, and particularly describing the place to be searched, and the persons or things to be seized."
The 5th Amendment of the U.S. Constitution:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation."
Drug tests also violate the constitutional guarantee of presumption of innocence, placing the burden of proof on the accused. By being required to give a sample, the worker is forced to defend himself or herself against a charge without any evidence or suspicion. American workers are now treated as guilty until proven innocent!