Earlier quoted context omitted.
> This tiny detail makes the difference why employer-mandated drug tests are not a thing in Germany like it is in the US. It doesn't explain the difference, no, since the same is true about the US. In most states, consumption of most drugs is not a crime - possession, production, distribution, sale, and trafficking are the actual crimes prosecuted.
Unless you drive a car or own a gun in the US, then if you do get a bad drug test result you can easily get charged with a crime. It is not likely to get drug tested in relation to having a gun, but anywhere pushing DUI enforcement is going to be drug testing significant samples of random people and charging people who may have smoked long ago and had all side effects completely subsided but still charged with a DUI…
The likelihood of getting charged with a drug-related crime for testing positive for drugs on an employer-mandated drug test, which is the context being discussed, is absolutely minuscule.
You may get fired, but your employer isn't going to refer you to local prosecution, and the prosecution wouldn't take it if they did.