Federal Law VS State Law

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Toolsmith
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Federal Law VS State Law

News is reporting that Maine won't allow employers to test for marijuana use and censure employees.

Has it escaped the state's notice that it's still illegal under Federal Law, and testing for workers on defense is required under those laws with mandated penalties?

Nullification may work for now, but not for those working at BIW and PNSY... they will still lose their jobs instantly, just as they have in the past. Any attempt to interfere may cause that defense work to go elsewhere as well.

Ugenetoo
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Holders of Commercial Drivers

Holders of Commercial Drivers Licenses will be dropped by their company as well.
Zero tolerance.

Bruce Libby
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Which news .media link please

Which news media, link please.

Toolsmith
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Take your preference. A quick

Take your preference. A quick Google will turn up whatever you want. Even the state website has it now.

pmconusa
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According to the U. S.

According to the U. S. Constitution federal law trumps state law. According to the State constitution the state may pass any law not repugnant to the Constitution.

Bruce Libby
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https://www.cleanfleet.org
Toolsmith
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I saw that one, but it doesn

I saw that one, but it doesn't really cover it. Defense workers have a considerably more demanding requirement.

No drugs (at all) or no clearance. No clearance? No job. Period. This happens all the time. 50% of the last batch of applicants to EB in Groton CT failed the follicle test. No jobs for you. State law has no effect whatsoever once on Federal property. Possession and use are still illegal, and arrests happen all the time.

Worse, testing positive violates the terms of the documents signed, under oath, to get the clearance. That opens up prosecution for false statements. That happens too.

So, if the Feds want to make an example, Maine is really sticking its neck out.

Question now is: How serious is Sessions about this?

Ugenetoo
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Bruce.

Bruce.
There are hundreds of small trucking companies in Maine, employing thousands of drivers, all with absolutely no reason to have these drivers other than to man the trucks.
These companies are supposed to find another job in the company for the positive testing drivers to do until they test clean.
Now, I know you spent most of your life in a State job, but even then you should be able to figure out that this wouldn't be a very good business model for a company's future.
NOW.... Add in the thousands of self employed independent owner drivers who are tested in the pool.
What are you going to put those guys to doing if they test positive?

Bruce Libby
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Ugenetoo

Ugenetoo
I did not indicate agreement or opposition to the issue.
I just asked for a better link to understand what was being talked about .

This issue will appear in certain jobs in "state jobs" such as corrections. I really never wanted to work with anyone who used the crap.
Those who do tended to try to share it with inmates.

I take it there is no provision for small businesses or private ownwer operators as is common in some labor law situations.

pmconusa
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The confusion and problem has

The confusion and problem has arisen because the Constitution does not give the federal government the power to ban anything. The State does not have the power either. Just read the documents and tell me where it says they have. We are supposed to be a nation of laws but the politicians do not obey them, ergo the problem.

Drugs whether opium or cannabis, they are just like alcohol and tobacco in that they are products that have been with us from time immemorial and in order for others to control us they have attempted to ban them. First it was the religious leaders and now it is government. For example, the Koran does not ban alcohol, neither did the bible, old testament or new. The only thing either of these sources agree on is that it is bad to steal; life, liberty or property, but they do not ban it knowing full well people are going to do it. They try to get people to govern themselves but if you steal, you are punished. No more, because government has legalized theft for the simple reason it wants to do it through taxation while banks and money lenders do it through usury.

Bruce Libby
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There is no confusion nor

There is no confusion nor problem .

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