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Derek,
Frankly, I don't think that's the most useful question that we can ask about this situation right now. The question I might ask is, should they be conducting such tests, in a society where government spends millions of taxpayer dollars demonizing these substances and people who use them, and where there is a "War on Drugs" going on in which millions of people have been wrongly incarcerated.
How would you feel if you were living in the former Soviet Union and heard that some of the independent farmers who at times were allowed to run small-scale private farms were, on their own initiative, refusing to hire people who didn't pass a loyalty test to the Communist Party? Would your first response to this news be to assert the rights of these farmers to decide whom to employ based on any criteria they see fit? Or might you rather have thoughts such as, "These people are perpetrating an injustice by seeking to avoid incurring the wrath of the local commissars for employing adherents of banned ideologies." An equivalent observation regarding employers choosing to conduct unnecessary drug tests might be, "These people are perpetrating an injustice by seeking to avoid incurring legal liability at the hands of government judges for employing users of banned substances."
Love & Liberty,
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