Advocates Call Medical Marijuana in the Workplace Bill Bigotry

Jacob Bell

New Member
The grey areas surrounding medical marijuana in Montana has created a slew of legislation aimed to regulate and repeal the voter passed initiative, leaving many questions surrounding medical cannabis in the workplace.

Republican Representative Gary MacLaren's (R- House District 89) House Bill 43 creates employment related exceptions to the protections of the medical marijuana act. "Basically puts the use of medical marijuana on a par with the use of alcohol or other drugs in the workplace or outside the workplace," says Representative MacLaren.

The bill clarifies an employer's rights when it comes to workers compensation, drug testing and disciplinary action involving an employee's use of medical marijuana. "There are a lot of questions among the business community because they are worried about frivolous lawsuits, they're worried about high legal fees and they're worried about hazardous workplace environments," says Jon Bennion, Montana Chamber of Commerce Government Relations Director.

The measure greatly expands the pool of employees subject to random drug testing. "So through no fault of their own, through no actions of their own on the job, not because of any sign of impairment, they are now going to be pooled into the pool of people that will be subject to random drug testing," says ACLU of MT Public Policy Director, Niki Zupanic.

And if medical marijuana is found in an employee's system - regardless of impairment level or job performance, employment could be terminated.

"The problem I have with this bill however, is as I read it actually does leave the door open for bigotry. To the right of an employer to say I don't care that you're doing a great job, I don't care that you're not under the influence ever at work, I know that you might use cannabis at night before you go to bed and I don't like that so you're fired and you can't sue me, you can't do anything," says Tom Daubert with Patients and Families United.

Supporters say the bill not only promotes safety in the workplace but it offers protection from costly legal action

"Our small business members can't afford the threat of liability on this. It may be a threat but even a threat costs $10,000 dollars," says Riley Johnson, National Federation of Independent Business.

House Bill 43 does not create new drug testing laws but expands upon them which opponents say targets and violations the privacy of medical cannabis patients

"Montanans shouldn't have to trade their privacy just to be able to keep a job," says Zupanic.


News Hawk- GuitarMan313 420 MAGAZINE
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Author: Kacey Drescher
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Copyright: Max Media of Montana
Website: Advocates Call Medical Marijuana in the Workplace Bill Bigotry
 
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