Robert Celt
New Member
As more patients across New York take advantage of the state's newly-implemented medical marijuana program, employers will likely need to tweak their company drug policies to accommodate change.
The program, which was launched by the state Department of Health on Jan. 7, provides access to the drug to certified patients suffering from cancer; HIV/AIDS; amyotrophic lateral sclerosis, or Lou Gehrig's disease; Parkinson's disease, multiple sclerosis; epilepsy; inflammatory bowel disease; neuropathy; Huntington's disease; and certain spinal cord injuries.
As of last week, 455 physicians from across the state were registered with DOH to legally prescribe medical marijuana and more than 1,500 patients had been certified by their doctors to receive the drug – which must be in the form of a tincture, oil or other non-smokeable form that can be ingested or vaporized.
With these numbers expected to rise exponentially in coming months and years, a larger share of New York's workforce may be testing positive for marijuana on drug tests administered by employers.
Roy R. Galewski, a partner at Harris Beach law firm in Pittsford and a specialist in labor and employment law, said this may lead to issues in the workplace. He addressed the topic on Tuesday at a meeting of the North Country Human Resources Association held at Elks Lodge No. 496 on Bradley Street.
On one hand, he said, medical marijuana patients are protected from discrimination under the Compassionate Care Act. On the other hand, a majority of employers have strict policies against an employee coming to work impaired by drugs.
"If you're a certified medical marijuana user, you are considered disabled under state law," he said. "That means you are protected from discrimination and entitled to reasonable accommodation from your employer."
However, Mr. Galewski said, "even if I'm a certified patient, I am not allowed to come to work while impaired. Unfortunately, the law does not define impairment."
He said the law also prevents certified medical marijuana users from using the drug while in a public place. Much like with impairment, though, a public place is another term not clearly defined under law.
"I believe that would include the workplace," he said, "but I can't be sure."
Mr. Galewski said these ambiguities and loopholes will prove controversial when an employee is drug tested at work.
"Things are going to get more interesting when it comes to drug testing," he said. "The problem with marijuana is that it stays in the system long after initial use."
"As an employer, you have no way of proving that medical marijuana use didn't happen two days ago or two weeks ago," he said. "It leaves you in a difficult situation as an employer to determine if that employee is impaired or not."
Thus, Mr. Galewski said, he believes testing for marijuana will become "almost useless" for employees who are certified drug users.
Exceptions to the rule include companies that have federal contracts or receive federal funding, because complying with a state law would potentially place them in violation of federal law and at risk of losing funding.
Moving forward, Mr. Galewski said he expects to see many cases related to medical marijuana and its impact on workplaces throughout the state.
"We're going to have to wait and see how this stuff comes down," he said.
He advises businesses and employers to research the Compassionate Care Act, keep an eye out for updates and consider sharpening their company drug policies.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: NY Medical Marijuana Program May Overhaul Policies On Drugs In The Workplace
Author: Eli Anderson
Photo Credit: Jennifer Peltz
Website: Watertown Daily Times
The program, which was launched by the state Department of Health on Jan. 7, provides access to the drug to certified patients suffering from cancer; HIV/AIDS; amyotrophic lateral sclerosis, or Lou Gehrig's disease; Parkinson's disease, multiple sclerosis; epilepsy; inflammatory bowel disease; neuropathy; Huntington's disease; and certain spinal cord injuries.
As of last week, 455 physicians from across the state were registered with DOH to legally prescribe medical marijuana and more than 1,500 patients had been certified by their doctors to receive the drug – which must be in the form of a tincture, oil or other non-smokeable form that can be ingested or vaporized.
With these numbers expected to rise exponentially in coming months and years, a larger share of New York's workforce may be testing positive for marijuana on drug tests administered by employers.
Roy R. Galewski, a partner at Harris Beach law firm in Pittsford and a specialist in labor and employment law, said this may lead to issues in the workplace. He addressed the topic on Tuesday at a meeting of the North Country Human Resources Association held at Elks Lodge No. 496 on Bradley Street.
On one hand, he said, medical marijuana patients are protected from discrimination under the Compassionate Care Act. On the other hand, a majority of employers have strict policies against an employee coming to work impaired by drugs.
"If you're a certified medical marijuana user, you are considered disabled under state law," he said. "That means you are protected from discrimination and entitled to reasonable accommodation from your employer."
However, Mr. Galewski said, "even if I'm a certified patient, I am not allowed to come to work while impaired. Unfortunately, the law does not define impairment."
He said the law also prevents certified medical marijuana users from using the drug while in a public place. Much like with impairment, though, a public place is another term not clearly defined under law.
"I believe that would include the workplace," he said, "but I can't be sure."
Mr. Galewski said these ambiguities and loopholes will prove controversial when an employee is drug tested at work.
"Things are going to get more interesting when it comes to drug testing," he said. "The problem with marijuana is that it stays in the system long after initial use."
"As an employer, you have no way of proving that medical marijuana use didn't happen two days ago or two weeks ago," he said. "It leaves you in a difficult situation as an employer to determine if that employee is impaired or not."
Thus, Mr. Galewski said, he believes testing for marijuana will become "almost useless" for employees who are certified drug users.
Exceptions to the rule include companies that have federal contracts or receive federal funding, because complying with a state law would potentially place them in violation of federal law and at risk of losing funding.
Moving forward, Mr. Galewski said he expects to see many cases related to medical marijuana and its impact on workplaces throughout the state.
"We're going to have to wait and see how this stuff comes down," he said.
He advises businesses and employers to research the Compassionate Care Act, keep an eye out for updates and consider sharpening their company drug policies.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: NY Medical Marijuana Program May Overhaul Policies On Drugs In The Workplace
Author: Eli Anderson
Photo Credit: Jennifer Peltz
Website: Watertown Daily Times
