Medical Marijuana Drug Test?

[Thepurplem0nkey]

Hey All,
m In my recent search for full time employment, I have found myself wondering what would happen if I found myself applying for a company that requires a drug test. Firstly, I find it attrocious and a violatio that ANYONE take a sample of MY URINE, and test it. What I do in my own free time is NO ONE'S FUCKING BUSINESS. The only time seea need for a drug/substance test is if someone is involved in an accident or some type of injury that could possibly be blamed on substance abuse. Reagrdless, what do you fellow medical users think? I seem to remember a long time ago rading a web page explaining that since we have marijuana recomended to us (remember folks, it's ILLEGAL for ANY doctor in the US to "prescribe" marijuana, it can only be legaly RECOMENDED), therefore when we show up to take our test, by providing proper documentatio, the tester mmust mark you as NEGATIVE, since you have a medical explination for contaminants being in your system. Anyone have any experience with this? At the very least, it sounds like a GREAT descrimination law suit waiting to happen!
-PM

 

[SptyOty]

PM,
I think about this all the time as well. I was also told that if required to take a drug test and we have proper documentation, we cannot be discriminated against. However, I think an employer would easily be able to just blame it on something other then the drug test (see --> "more qualified candidate", "not qualified enough", etc.) and just scoot out of the issue that way. I personally can't say either way because I got my reccomendation after i had my the job I currently have. I probably won't take the risk when/if the time comes, just for the sake of not having to deal with all the bullshit you know.
But who knows what would happen until it finally becomes an issue. It's just a matter of time before, like you said, a lawsuit comes about and its all over the news, you know how it goes. Hopefully however a lot of this will be moot WHEN John Kerry becomes president and maybe weed gets looked at from a slightly different view from the government. I guess we just have to wait and see tho.
Peace

 

[Thepurplem0nkey]

Ok, well I just spent an hour doing some research. Here's what I found. It seems that in order to take a piss test, you MUT go to a testing facility (IE: THe employer can NOT just bust out a cup and tell you to pee). Heres where I become confused. The following is an excerpt from the ACLU guidelines to urine testing (IE: THey summarize all the legal mumbo jumbo)

10.2. The person to be tested shall be given:

10.2.1. a medication disclosure form to permit the employee or applicant to disclose any non prescription or prescription medications that have been taken within the last forty-five days which may result in a positive test result, and

10.2.2. a statement that the form shall be submitted directly to the testing laboratory in order that the employer has no access to the information disclosed on the form.

10.3. The procedure for submission of the form shall ensure that no person other than the testing laboratory has access to the information disclosed on the form.

10.4. Under no circumstances may an individual be subject to observation in any manner while providing a urine sample.

Ok, so what I get from this is, as long as you show evidence that you have a medical reason for using Marijuana, then the tester can NOT disclose that usage to the employer, thus a negative test result for that particular catagory. Am I interpreting this correctly? ANyone else have anything to add to this? Here is the link I got this information from.
https://archive.aclu.org/issues/worker/legkit3.html
-PM

 

[SptyOty]

Nice!!

Good shit PM.

Gonna make sure I print that out

 

[Thepurplem0nkey]

My pleasure dude. But, do you think my interpretation is correct? I really want to know, so I posted a similar question at googles "answers" section. Paid $2.50 to have some researcher get back to me Ill let everyone know what they tell me.
-PM

 

[SptyOty]

Awesome... way to go man ... can't wait to find out.

 

[SptyOty]

Here's something I just thought about...

What if...
say i wanted to apply for a government job. Would the fact that I have a medical marijuana reccommendation disqualify me from contention or do the same rules/laws apply? I'm not saying for to be like a secret service agent or anything like that... just a government job in general.

I ask becuase I had to go to court today and it just kinda got me thinking. If say someone wanted to work at the Courthouse or the DMV or any other government-run facility, would the government have that information handy? I remember when I initially received my card I was worried my name would go into some huge government database, but then realized afterwards that no real solid information was given to them, with the exception of my driver's license.

I'm just curious if those medical records are readily available to the court/police if they ever wanted to see it? Like say... I get pulled over for some moving violation, and the cop runs my info thru the computer... is it gonna show up that I'm a medical marijuana patient or anything?
Or, if I apply for a federal job and am asked to take a drug test (which all goverment agencies make you do i believe), would the same rules as previously stated apply?

Just a little hazy on all the specifics... if anyone finds anything out I'd love to know.

 

[Thepurplem0nkey]

SPty, very good questions. From MY understanding, if you try to enter the workforce of a FEDERAL employer, then your medical status is NULL AND VOID. But (and again, this is ust MY interpretation, I'm NOT a lawyer so dont take this as gospel ) if you seek employment for a STATE agency, such as the LA Department of water and power, or the Los Angeles municiple court, or the LA School DIstrict, then I believe your status falls under STATE LAW. If the entity recieves federal funding, then I have NO CLUE. As soon as I get a full time jopb and start making the bucks, I will be able to hire a lawyer to find out all of this for me. I'm guessing, however, that there are NO CLEAR CUT answers for us out there. Most of the answers to your questions are PROBABLY going to be answered through lawsuits, some of which ight already be in the process. I found a few cases in my research the other day, but they are up in Oregon. Never the less, they are an interesting read.

Homepage

-PM

 

[SptyOty]

Thanks for the updates man Smoke It

 

[Thepurplem0nkey]

OK, my question posted on GOOGLE ANSWERS has drawn quite a few comments, but no OFFICIAL answer yert.

Google Answers

If you look down in the comments, you will see a link to a Sacramento Superior Court Judge ruled its OK to fire a medical marijuana patient. If you read the article, you can dclearly see the Judge is a complete fucking dolt who has LITTLE to no knowledge of what MEDICAL MARIJUANA really is. BUt I digress. I still believe that if you were to be fired for being a medical marijuana user, you would have a very nice lawsuit on your hands.
-PM

 

[Hash]

Wow, why hasnt the state of Cali. or any states med-pot program already of thought on this conflict and made it clear to all the med-pot users.
There is no doubt in my mind that you would be alot richer from winning lawsuits had you been denied a job by any company because you are legally allowed to smoke marijuana.

 

[Thepurplem0nkey]

Hash, the problem is with the federal government. Any organization that defys them or refuses to adopt their laws loses the money they get from them. Furthermore, even though med pot has been legal in california since 1996, public officials and our local government are slow to adopt and acknowledge it. SHit, I only know of a FEW counties in this state that even HAVE the identification program in effect. LOS ANGELES is NOT one of them! However, there IS hope on the horizon. THe 9th ciorcut federal ourt of appeals (In California) ruled AGAINST Ashcroft, and upheld a ruling that stated med pot patients were NOT subject to federal pot laws (of course, im paraphrasing here). Unfortunatly, Ashcvroft is now appealing this to the Supreme Court. THe eys of all med pot californians, as well as med pot actiovists throught this country, are on the Supreme Court now. Who we vote into office for president will have a large impact on this decision.
-PM

 

[Hash]

Ahh I see, wow it is a mess, I truly hope for a brighter future for all the medical mj users, which as all the other equal rights movements have shown, things probably will get better if our voices are many and loud.

 

[Thepurplem0nkey]

Exactly my friend. THats why I'm such an ass hole when it comes to apathy ;-) People sitting around and COMPLAINING about things never solved a damn thing. Making your voice heard and being an ACTIVE PARTICIPANT for change, even if its only through the web, is the only way social change is ever achieved.
-PM