There are good arguments against Proposition 19, the initiative on the November ballot that would legalize marijuana in California. The arguments presented to the Redding City Council for a proposed resolution opposing the measure, primarily related to how they would affect the city as an employer, are not among them.
In a report to the council, Police Chief Peter Hansen echoes statements from the California League of Cities and the California Chamber of Commerce that the measure, if it passes, would undermine efforts to ensure drug-free workplaces.
Hansen writes that the city "will not have the authority to ensure the safety of all its employees and customers from someone who is under the influence of marijuana while on-duty." Pot-smoking employees, he adds, "will be protected from discipline for being in possession of and/or under the influence of marijuana while at work."
Does this mean firefighters, Redding Electric line crews, officers on patrol, and road workers operating heavy equipment will be stoned on the job, endangering the public while the city can do nothing? The plain language of Proposition 19 says otherwise.
In describing the initiative's intent, it specifically states that it is not meant to "affect the application or enforcement" of public health and safety laws including "any law prohibiting use of controlled substances in the workplace or by specific persons whose jobs involve public safety."
That's pretty clear. Will some fired pot smoker somewhere sue his ex-employer, claiming discrimination? In the land of a million lawyers, that's inevitable. But courts have already ruled that employers have the right to sack workers for drug use even when they have a doctor's recommendation. Surely judges will not find a civil right to smoke a joint during lunch breaks.
The proposed law further states that legal marijuana users shall not be discriminated against or "denied any right or privilege."
Hansen – and, to be sure, he's not alone – reads that to mean that an employer could only address on-the-job drug use by disciplining employees after an accident. If the law truly ran so counter to common sense, opposing it on those grounds would be a no-brainer. That same provision, however, specifically adds "that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected."
That's just sensible. Alcohol is legal. But if you show up to work after an evening's hard drinking with a hideous hangover that keeps you from doing your job, your boss will keep a close eye on you. Show up drunk, and you'll be fired.
If Proposition 19 should pass – a faint prospect, to judge by recent polls – and marijuana becomes legal, it'll be handled similarly. And that's as it should be. What we do on weekends, if it's legal and doesn't spill over to Monday morning, isn't our bosses' business.
Proposition 19 would amount to a radical cultural shift with far-reaching consequences – likely too radical to swallow. But the notion that employers will be stuck with a pot-addled workforce and have no authority to demand clear heads on the job is a fanciful scare tactic.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Redding Record-Searchlight
Copyright: 2010 Record-Searchlight
In a report to the council, Police Chief Peter Hansen echoes statements from the California League of Cities and the California Chamber of Commerce that the measure, if it passes, would undermine efforts to ensure drug-free workplaces.
Hansen writes that the city "will not have the authority to ensure the safety of all its employees and customers from someone who is under the influence of marijuana while on-duty." Pot-smoking employees, he adds, "will be protected from discipline for being in possession of and/or under the influence of marijuana while at work."
Does this mean firefighters, Redding Electric line crews, officers on patrol, and road workers operating heavy equipment will be stoned on the job, endangering the public while the city can do nothing? The plain language of Proposition 19 says otherwise.
In describing the initiative's intent, it specifically states that it is not meant to "affect the application or enforcement" of public health and safety laws including "any law prohibiting use of controlled substances in the workplace or by specific persons whose jobs involve public safety."
That's pretty clear. Will some fired pot smoker somewhere sue his ex-employer, claiming discrimination? In the land of a million lawyers, that's inevitable. But courts have already ruled that employers have the right to sack workers for drug use even when they have a doctor's recommendation. Surely judges will not find a civil right to smoke a joint during lunch breaks.
The proposed law further states that legal marijuana users shall not be discriminated against or "denied any right or privilege."
Hansen – and, to be sure, he's not alone – reads that to mean that an employer could only address on-the-job drug use by disciplining employees after an accident. If the law truly ran so counter to common sense, opposing it on those grounds would be a no-brainer. That same provision, however, specifically adds "that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected."
That's just sensible. Alcohol is legal. But if you show up to work after an evening's hard drinking with a hideous hangover that keeps you from doing your job, your boss will keep a close eye on you. Show up drunk, and you'll be fired.
If Proposition 19 should pass – a faint prospect, to judge by recent polls – and marijuana becomes legal, it'll be handled similarly. And that's as it should be. What we do on weekends, if it's legal and doesn't spill over to Monday morning, isn't our bosses' business.
Proposition 19 would amount to a radical cultural shift with far-reaching consequences – likely too radical to swallow. But the notion that employers will be stuck with a pot-addled workforce and have no authority to demand clear heads on the job is a fanciful scare tactic.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Redding Record-Searchlight
Copyright: 2010 Record-Searchlight
