Slightly philosophical/legal question

[skahound]

My girlfriend and I were just sitting at Denny's and began talking about a movie that I'm a co-writer on. Part of this film will be shot in The Netherlands and the topic came up about the legalities of marijuana smoking over there. I don't smoke at all because I don't particularly care for it, but an interesting question arose:

If while filming I decided to partake in the act of smoking marijuana in a country where it's legal to do so and then I come back to the states and have to take a job-ordered drug test, what legal recourse would I have, if any, if my job was terminated or I was refused employment?

My thought process is that while in another country you are bound by the laws of the host country and not by the laws of your country of residence. That being the case, if I could provide proof that I did something that was completely legal at the time, I should face no consequences even if my act was illegal in my home country.

Any thoughts?

[mixu]

I might be wrong but marijuana is only tolerated and not actually legal in the Netherlands...

Interesting question though.

One for Yao and Toasty?

[skahound]

Ah, so it's decriminalized but not fully legal? That would make sense. If that's the situation, then change my initial question to exclude any specific country and read: If you smoked in a country where it is legal.

[TomTom]

You always have to deal with the laws in the country you are living in or visiting at the moment. So if you smoke pot in the Netherlands (which is accepted in Coffee shops but not on the streets, maybe tolerated more than in other countries but forbidden nevertheless) and you come back to the States and have a positive drug test, they can screw you. Saying that you smoked in a country where it was legal won't help you at all.

[asdf_admin]

^^^ nail on the head. and that's how it is.

[mixu]

I'm not sure a nail on the head is legal either...

[asdf_admin]

fine head on nail ...

[Garrick]

it doesn't matter where you smoke your pot. if you test in the US and test positive, it is at the employer's discretion to do what they want. Most of the times, they won't hire you.

[Yao]

It is legal to have up to 5 grammes in your posession in the Netherlands, it is illegal to deal in larger quantities. Sales are illegal but tolerated, coffeeshops can have a stash no bigger than half a kilo or so, at least that's what I thought..

As for the law-question: as far as I know your company can still fire you even though you've taken a drug not being in the US. Most drug-policies focus on the fact that a drug has been used, disregarding the place where that happened.
My father is a medic in the offshore industry, and has had a lot to do with drug policies as of late, especially because his firm works a lot for American companies. The drug policy they had to implement was one of the safety demands from the US-company in order to get the assignment.

So I wouldn't take the chance if I were you.

BTW: when you're over here, lemme know, and maybe we can hook up if your schedule leaves you some time for that.

[skahound]

So I wouldn't take the chane if I were you.

I won't be smoking, as I said I don't like the effects.

BTW: when you're over here, lemme know, and maybe we can hook up if your schedule leaves you some time for that.

Most definitely my Dutch brother! Not sure when we're looking to schedule the trip but as soon as I know I will drop you a line. Thanks.

[muggeh]

(which is accepted in Coffee shops but not on the streets, maybe tolerated more than in other countries but forbidden nevertheless)

lol cops don't care, i walk the street with a joint allot and i never had a problem, it's mostly hash though so they probably don't smell it but i'm sure as hell not hiding it and if they do bitch about you smoking it they'll just ask you to put it out and smoke somewhere else or lit it again when they're gone :P

[nietzsche]

odds are you signed documents with your employer that explain what will and won't be tolerated. It has nothing to do with the legality of your actions. It's not illegal to wear shorts and a T-shirt, but if you did it at work, you'd be fired bc there are probably dress code guidelines.

Likewise if you are tested positive for pot, then that violates the terms of your contract.

[dtgunslinger]

Better safe than sorry I believe is the best course of action.
Or my fav, what they don't know won't hurt them.

[Gonzo]

I have a simpler thought: You don't want to smoke, right? Then... don't care about what would happen ...

[skahound]

I have a simpler thought: You don't want to smoke, right? Then... don't care about what would happen ...

I said it came up in conversation. I feel sorry for you that you are never just sitting around and are curious as to what the answer of a particular question is. Thank god there were people out there who questioned basic, unidentified principles such as gravity, motion, etc. Go back to leading your dull, boring life of taking everything that is handed to you without questioning it, lemming.