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Stoney Girl · 06-29-2008, 12:40 PM

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I asked an ADA consultant for an opinion on the Emerald Steel case. His company has been the ADA consultation firm of record for the State of California for the last 10 years. Here is what he told me:

Having 14 years experience professionally consulting government and private businesses with the ADA I thought I should make a quick response.

ADA 101

First, the state cannot change the intent nor the written federal laws and regulations of the Americans with Disabilities Act (ADA). That is, the State must at least meet the federal requirements, and may exceed these with their own, but cannot lessen the Act.

Most people think of ADA as Parking and Ramps. Although these items are an important factor there is much more to the Act besides physical barriers. It is also about policies, procedures, and attitudes.

The ADA is a Civil Rights issue, not one of medications, treatments or drugs. The ADA simply states that persons with disabilities shall have equal access to Programs, Services and Activities otherwise offered to any other member of the public. To single out any type of treatment or disability is directly against the ADA. This is what the court stated and is in fact in line with Federal regulations which the state must adhere to. Violations come with stiff penalties and loss of federal funding.

To single out a type of treatment then singles out many disabilities as allowed by the MMJ program. Who would this affect (what type of disability are you singling out)? This is the same as putting MMJ program participants on the back of the bus (segregation). This type of thinking is exactly what the ADA is trying to abolish. Your first concern should be for the view you have on persons with disabilities. From my experience in assisting with compliance and training, I have found that attitudinal barriers are by far the biggest hurdle.

Violation of a Civil Right is not the answer and the Legislature cannot change this.

The real answer to this issue is to re-schedule medical marijuana so that a Doctor can properly prescribe it. This would then allow for the control and supply of MMJ rather than dealing in these grey areas.

As for the employer, the current Marijuana testing methods need to be reviewed. Current testing can show traces of the drug for up to 6 months after exposure. The effect of the drug only lasts for 1 to 4 hours depending on strength and dosage. In short there is no current test used generally by private employers that can detect if a person is "Under The Influence" of marijuana. This should be a primary concern that is addressed by private business sector and most certainly those big testing companies that make all the money from them (but have little interest in this area of development).

Perhaps the private sector can adopt what our military has learned about the value of "Impairment Testing" over a simple chemical analysis of the last 6 months of life to quantify if a person is Under the Influece of Marijuana or in fact "Impaired".

Mike Mullins (Co-Founder / CIO Disability Access Consultants, Inc.)

06-29-2008, 12:40 PM	#6
Stoney Girl Free Thinker Join Date: Apr 2008 Location: Happy Valley, Oregon Posts: 53	Re: High Hopes for Medical Pot Users -------------------------------------------------------------------------------- I asked an ADA consultant for an opinion on the Emerald Steel case. His company has been the ADA consultation firm of record for the State of California for the last 10 years. Here is what he told me: Having 14 years experience professionally consulting government and private businesses with the ADA I thought I should make a quick response. ADA 101 First, the state cannot change the intent nor the written federal laws and regulations of the Americans with Disabilities Act (ADA). That is, the State must at least meet the federal requirements, and may exceed these with their own, but cannot lessen the Act. Most people think of ADA as Parking and Ramps. Although these items are an important factor there is much more to the Act besides physical barriers. It is also about policies, procedures, and attitudes. The ADA is a Civil Rights issue, not one of medications, treatments or drugs. The ADA simply states that persons with disabilities shall have equal access to Programs, Services and Activities otherwise offered to any other member of the public. To single out any type of treatment or disability is directly against the ADA. This is what the court stated and is in fact in line with Federal regulations which the state must adhere to. Violations come with stiff penalties and loss of federal funding. To single out a type of treatment then singles out many disabilities as allowed by the MMJ program. Who would this affect (what type of disability are you singling out)? This is the same as putting MMJ program participants on the back of the bus (segregation). This type of thinking is exactly what the ADA is trying to abolish. Your first concern should be for the view you have on persons with disabilities. From my experience in assisting with compliance and training, I have found that attitudinal barriers are by far the biggest hurdle. Violation of a Civil Right is not the answer and the Legislature cannot change this. The real answer to this issue is to re-schedule medical marijuana so that a Doctor can properly prescribe it. This would then allow for the control and supply of MMJ rather than dealing in these grey areas. As for the employer, the current Marijuana testing methods need to be reviewed. Current testing can show traces of the drug for up to 6 months after exposure. The effect of the drug only lasts for 1 to 4 hours depending on strength and dosage. In short there is no current test used generally by private employers that can detect if a person is "Under The Influence" of marijuana. This should be a primary concern that is addressed by private business sector and most certainly those big testing companies that make all the money from them (but have little interest in this area of development). Perhaps the private sector can adopt what our military has learned about the value of "Impairment Testing" over a simple chemical analysis of the last 6 months of life to quantify if a person is Under the Influece of Marijuana or in fact "Impaired". Mike Mullins (Co-Founder / CIO Disability Access Consultants, Inc.)