Medical Marijuana users can be fired..
EmBleve
Posts: 3,019
http://www.q13fox.com/news/kcpq-wa-supr ... hpt=us_bn7
Although the article says this ruling will likely be appealed, it doesn't make much sense to me because if somebody has a legitimate prescription for it, how is it different from any other prescribed medication? I was just wondering what others think about this. For jobs that I have had in the past who do pre-employment, or random, drug screening, there is typically a medication form that is filled out by the employee at the time of the drug test to state which medications they are on so that it should be expected to show up on the screen (if that applies). Again, if it is legally prescribed by a certified physician, how can the person be fired for it?
Although the article says this ruling will likely be appealed, it doesn't make much sense to me because if somebody has a legitimate prescription for it, how is it different from any other prescribed medication? I was just wondering what others think about this. For jobs that I have had in the past who do pre-employment, or random, drug screening, there is typically a medication form that is filled out by the employee at the time of the drug test to state which medications they are on so that it should be expected to show up on the screen (if that applies). Again, if it is legally prescribed by a certified physician, how can the person be fired for it?
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Once again, the 10th amendment is being thrown in the trash heap.
However, this also falls under at-will employment. I work at a company who has some clients that have strict rules regarding that as well and if you're to visit their premises, their rules also state that even with prescribed medical marijuana, a failed test stands. At these places you also have to take a breathalyzer which is also zero tolerance.
That's where the argument lies though. A breathalyzer is a real-time results based test where if you had a good weekend, recovered on Sunday, and showed up Monday, that's fine and you're showing a responsible safe work ethic. Marijuana testing that's currently utilized doesn't allow for these same kind of results.
I believe the discussion of this won't be getting any better or any progress will be made until there's better testing utilized. A way to figure out and pinpoint a usage style similar to a breathalyzer, with real-time results, instead of just a general '(s)he's used at some point in the past month' urine test. With these kind of results, sure, you can weed out the irresponsible users, but at the expense of responsible users.
A company will almost always take the better safe than sorry approach to this subject, as they will also be slow to change.
Yes, I agree. I think you bring up the actual issue here because there is no way to tell if they smoked on Friday night two weeks ago, or if they did on the way to work that day. It's not possible to establish, so it makes it all or nothing.
Quite Orwellian, no? "You can have your medicine as long as we get a cut of the profit."
I agree, that is wrong when oxycontin or any pain reliever is definitely more addictive than Mary Jane, Hillbily Heroin is the term for oxy since Rush started taking it. I'm not sure if MJ is really addictive at all though I suppose anybody could be addicted to anything at anytime, but I've worked with substance abusers before and MJ caused the least amount of problems for my people. Alcohol is a hundred times worse in my opinion.
And, I suppose this is all because it's an 'illegal' substance. Although, it's okay to keep vials of liquid cocaine for numbing purposes in medicine. Isn't cocaine illegal?
Yeah, there are so much more dangerous substances than MJ, and people just refuse to understand. While I hardly view MJ as a even a drug. I do understand people see it as a gateway drug but it's only gateway because it's so ridiculously criminalized. It's less addictive than big tobacco for sure. But I suppose it's all about money at the end of the day. At least states are beginning to recognize the medical value, perhaps recreational use will not be too far.
Not really but if I did I couldn't get fired. Thats fucked!!! :evil:
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Although I dont smoke any longer for my own reasons, for those that can handle it, spark it up!!
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what is an example of a "protected class" that would be exempt?
Race, religion, color, age, disability and sex are the biggies. And some states have passed sexual orientation and a few others.
Which personally, I think they are all absurd and shouldn't be in existence for a private company. Alas, that isn't the case.
http://en.wikipedia.org/wiki/Protected_class
which races, religions, sex, sexual orientations, etc do you think ought to be able to use legal medicine and keep their job?
None of them.
If I own a business and you are my employee, I shouldn't need a valid reason to fire you just as you don't need a valid reason to quit. If I think smoking marijuana makes you a worse employee(which I definitely disagree with), then I should be able to fire you. Just as if I think you drink to much, I can do the same.
With the passing of the 14th amendment, and subsequent judicial interpretations, the aforementioned 'federally protected classes' came into fruition. I can not discriminate on the basis of those categories but I can certainly discriminate outside of them all I want. This idea that an employer has to somehow be justified in firing(or hiring) you is a bit of a misnomer. If you follow some of the bible belt states, stories will pop up of people being fired for being gay. It happens and the business owner, currently, has that right.
okay, I was just curious if you thought that maybe SOME people were given a free pass with pot and some weren't... that seemed odd.
I understand your point. It sucks (for the employee), but yeah, an employer can fire you for anything at all, really. Your only recourse is an expensive and lengthy lawsuit that would probably be thrown out anyway. If I'm an employer I wouldn't want anyone to tell me who I can or can't fire, either.
In reality, an employer will simply say something VERY vague like; "due to restructuring efforts needed for better organization efficiency and profitability, we regret to inform you..." and oh by the way "we will continue to pay you for six weeks but can stop payment if you make any statements to the media about company X or go public in any way about the company"
So, by the time you've gotten a few paychecks while looking for a new job, most everyone has let go of any ill will towards that company... and the company did nothing wrong in firing you because no one can prove that the "vague statement" that they gave you was incorrect. That is what happens at all companies that 1) are large enough to have a lawyer or 2) have ever fired someone before
but not against state law, and the 10th amendment gives the right to the states to create/enforce laws that aren't spelled out in the constitution, such as this. So, the feds aren't following the letter of the law and they are the ones who should be prosecuted.
The Feds have gone into CA though and have arrested medical marijuana users for a while now. I don't know all the specifics, but it's turned into a war between state law and Fed law.
yep, no doubt about it. But, please notice that this is not a "war between state law and fed law." The 10th amendment of the constitution is a federal law... so, it is a "war between the feds and federal AND state laws."
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