Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A civilian worker in Denver's Department of Safety is claiming his status as a medical marijuana user should exempt him from discipline after getting into an on-duty automobile accident.
"I am aware of the case," said Denver City Attorney David Fine when contacted by CBS4. "It raises a lot of interesting and complicated questions."
He and other city officials confirmed the basic circumstances of the case but declined to identify the employee, his job title or discuss details of the case.
According to city officials contacted by CBS4 the accident occurred in December. The city worker was on duty and driving a city vehicle when he was involved in an accident.
Per city policy, he was immediately given a drug and alcohol test after the wreck. That test came back positive.
The city worker explained the results of the test by claiming status as a medical marijuana patient, presumably thinking that might exempt him from disciplinary action.
"I know the case exists," said Manager of Safety Al LaCabe. "But does he have a defense? We're discussing it now."
Emily Hobbs-Wright, a Denver attorney specializing in employment law, suggests medical marijuana status probably won't shield the worker from discipline.
"The fact that he carries a medical marijuana card will not create rights," Hobbs-Wright said.
The city has an executive order that went into effect in 2002 that addresses alcohol and drug usage in the workplace but it does not specifically address medical marijuana. Hobbs-Wright said a key legal issue will be the employee's level of impairment due to marijuana consumption.
"What constitutes marijuana impairment at work is something that employers will have to determine relying on relevant medical standards," said Hobbs-Wright.
The attorney said that this type of issue has been ruled on by courts in other states.
"Generally they've gone in favor of the employer in upholding the employer's policies both prohibiting trace amounts of marijuana in the employee's system and impairment," said Hobbs-Wright.
She said employers and courts view medical marijuana the same way they view other prescription drugs: they may be legal, but that doesn't mean you can be impaired by them while on the job.
Fine said his staff is carefully scrutinizing this case as they suspect others will follow.
"We want to make sure we get it right. Our analysis of this is going to be very careful," said Fine.
The city attorney's office will likely make a recommendation to LaCabe in the next few weeks on how to handle the case.
NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: cbs4denver.com
Author: Brian Maass
Copyright: 2010 CBS Television Stations Inc.
Contact: Contact CBS4 - cbs4denver.com
Website: Denver Worker Blames Medical Pot For Accident - cbs4denver.com
"I am aware of the case," said Denver City Attorney David Fine when contacted by CBS4. "It raises a lot of interesting and complicated questions."
He and other city officials confirmed the basic circumstances of the case but declined to identify the employee, his job title or discuss details of the case.
According to city officials contacted by CBS4 the accident occurred in December. The city worker was on duty and driving a city vehicle when he was involved in an accident.
Per city policy, he was immediately given a drug and alcohol test after the wreck. That test came back positive.
The city worker explained the results of the test by claiming status as a medical marijuana patient, presumably thinking that might exempt him from disciplinary action.
"I know the case exists," said Manager of Safety Al LaCabe. "But does he have a defense? We're discussing it now."
Emily Hobbs-Wright, a Denver attorney specializing in employment law, suggests medical marijuana status probably won't shield the worker from discipline.
"The fact that he carries a medical marijuana card will not create rights," Hobbs-Wright said.
The city has an executive order that went into effect in 2002 that addresses alcohol and drug usage in the workplace but it does not specifically address medical marijuana. Hobbs-Wright said a key legal issue will be the employee's level of impairment due to marijuana consumption.
"What constitutes marijuana impairment at work is something that employers will have to determine relying on relevant medical standards," said Hobbs-Wright.
The attorney said that this type of issue has been ruled on by courts in other states.
"Generally they've gone in favor of the employer in upholding the employer's policies both prohibiting trace amounts of marijuana in the employee's system and impairment," said Hobbs-Wright.
She said employers and courts view medical marijuana the same way they view other prescription drugs: they may be legal, but that doesn't mean you can be impaired by them while on the job.
Fine said his staff is carefully scrutinizing this case as they suspect others will follow.
"We want to make sure we get it right. Our analysis of this is going to be very careful," said Fine.
The city attorney's office will likely make a recommendation to LaCabe in the next few weeks on how to handle the case.
NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: cbs4denver.com
Author: Brian Maass
Copyright: 2010 CBS Television Stations Inc.
Contact: Contact CBS4 - cbs4denver.com
Website: Denver Worker Blames Medical Pot For Accident - cbs4denver.com