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I assume you are OK with an employer being able to not hire or fire an employee for any reason, including drug use, as a matter of this being a free country.

For the most part. I believe employment is a kind of contract which binds both sides in certain ways. The Fourth Amendment does not apply to employers but at the same time, they should not be able to fire you one year before retirement to screw you out of your benefits either. There has to be good faith on both sides.

Actually I just read an article about a month ago where many employers are ending their drug testing programs because they have not been beneficial or cost effective and so now the drug testing companies are lobbying public schools trying to make up the shortfall (it was posted here a FR a month or so ago).

The Fourth Amendment does not apply to employers but at the same time, they should not be able to fire you one year before retirement to screw you out of your benefits either. There has to be good faith on both sides.

Apples and oranges. If not using a particular drug is set down as a condition of employment, then that's the contract.