Employers under this law have an obligation to provide “reasonable accommodations” to the disabled employee, so they may perform the essential duties of the job, as long as those accommodations don’t pose an undue hardship on the employer". The ADA section 12114(a) however states that these rights are not granted to employee or applicant who is currently engaging in the illegal use of drugs The ADA does not require employer coverage when the employee is engaging in the “illegal use of drugs”, including marijuana which is still illegal under the Controlled Substance Act  Coats v. Dish Network LLC, held that a “state’s lawful activities statute does not protect a worker’s off-duty use of medical marijuana because this activity is not lawful under federal law” under the ordinary meaning of “permitted by law”   The Federal Employees Compensation Act (FECA) provides for the payment of workers’ compensation benefits, including wages and medical benefits, to civilian officers and employees of all branches of the federal government, whereas state law has oversight over its own workers’ compensation program  FECA prohibits employees from receiving compensation when the injury “was proximately… caused by the intoxication by… illegal drugs”   Colorado Court of Appeals in Beinor v Industrial Claim Appeals  Agreed with the employer and held that unemployment insurance benefits could be withheld due to the violation of the employer’s zero tolerance drug policy. Worker was a sweeper using cannabis legally outside of working hours  Colorado State statue “disqualifies an individual from receiving unemployment benefits after the presence of a controlled substance was not medically prescribed was found in the worker’s system during worker hours.” Cannabis has unique pharmacokinetics and metabolism which makes it a challenge to drug test for acute impairment vs recent use. THC is deposited in fat and can be detectable in urine for up to a month or more. However, it is not always an indicator of acute impairment. Further there are privacy concerns, from invasive blood testing for compounds, under the 4th Amendment of the US constitution. Variability in study designs, ethical dilemma of safety and productivity, work type and drug metabolism in users. When smoked, blood levels of THC immediately rise and are distributed primarily in the lungs and brain. •THC is metabolized to the transient psychoactive substance THC-OH, which is finally converted to THC-COOH, the physiologically inactive metabolite  The immediate euphoria and subsequent impairment from THC-OH, as suggested by older studies may last about 6 hours, with some limited studies showing impairment lasting as long as 24 to 48 hours Specific studies that assess driving and impairment show a return to "...nonimpaired state within 3-6 hours“  Quickly sequestered into fat tissues therefore decreasing blood concentration  Ingesting cannabis has much longer magnified effect of the drug  The method of testing cannabis in urine can be misleading, due to the potential for interpreting a positive result for THC-COOH, as an indicator of acute impairment.