I've been on both sides of this too.
Do you check for alcohol? That
is the most abused drug, and the one that causes the most accidents, yet testing won't help you stop those accidents.
How many heroin, meth or crack addicts do you catch through testing? If pre-employment testing weren't allowed your liability would shrink, since you couldn't have caught it through testing.
It's not right to have to prove your innocence to someone who has no probable cause that you've done something wrong.
I'm also curious to know what drugs they've found in the 3% of Florida's welfare applicants.
Every crowd has a silver lining - PT Barnum