Two reasons are most often cited in support of drug testing in the work place or in schools: safety and performance. Increasingly, the safety argument does not hold up in light of random drug testing in business environments and school’s extracurricular programs. Likewise, if job performance is at issue, it seems more pertinent to critique employee performance quality directly, rather than scrutinize residual substances in one’s hair, revealing what one smoked 90 days previous.

Drug testing not only violates one’s feelings of privacy, but it also violates an individual’s Constitutional protection from unreasonable searches, afforded by the Fourth Amendment. In addition, drug testing also assumes guilt until one is proven innocent, in direct contrast to the explicit rights granted by most judicial systems in the world.

The Fifth Amendment is meant to protect one from self-incrimination; however, drug testing necessitates that one’s own body be used as witness against oneself. Further, cataloguing the substances detected in one’s urine or blood is an invasion of patient confidentiality, by allowing one’s boss or teacher to know what prescription drugs one taking as well as any illicit substances.

Admittedly, many safety sensitive jobs, such as public transport services, do need to ensure that their employees are not endangering the lives of the many others; however, in private sector jobs, testing has become a power play on the part of employers. Drug testing alerts an employer to their employee’s off-the-clock activities, and allows them total jurisdiction over an employee’s cognitive liberty choices. This practice has led to a growing acceptance that employers have a right to monitor and control their employees on and off the job. Even when no impairment is detectable on the job, employers are demanding to know and thereby control what individuals use to relax with or to alter their consciousness on weekends. As a personal privacy issue, this is also an issue with grave repercussions for cognitive liberty.


ACLU Legislative Briefing Kit on Drug Testing
The ACLU’s informative briefing on drug testing in the work place.

ACLU Report: "Drug Testing a Bad Investment (1999)
ACLU report filled with informative statistics showing the extent and cost of workplace drug testing.

Board of Education v. Earls
On June 20, 2002, the US Supreme Court ruled that public school students who wish to participate in extracurricular activities may constitutionally be drug tested without suspicion. 

The Definitive List of Companies that Drug Test
A comprehensive database of companies that drug test. Search by company name or state, or add a company to the list.

Drug Testing Information by Erowid

Drug Testing News
Aggregates news articles and company announcements related to drug testing

Ecstasy and Narco Hair Testing
by Richard Glen Boire, Esq.
, Journal of Cognitive Liberties, Volume 1, No.3

Non-Testers List
A consumers guide to companies that do NOT drug test.

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