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Old 12-01-2007, 02:26 AM   #1
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Employees With Prescriptions of Medical Marijuana Should Be Protected

The topic of marijuana, especially when it comes to its medicinal value, is always controversial.

The state Supreme Court is considering a case of a man who uses medical marijuana to ease his back pain and was fired from his job after testing positive for the drug. Employers say they could be liable for the actions of employees who use marijuana for medical purposes. Employees with medical marijuana prescriptions say they should be protected from termination.

This week's Los Angeles Business poll asked: Should employers have the right to fire employees with prescriptions of medical marijuana?

A majority of respondents said "no," here's how the voting broke down:

* 72 percent -- No, the state's voters approved marijuana use for medical purposes and employees with prescriptions for the drug should be protected in the workplace
* 18 percent -- Yes, marijuana creates a legal problem for employers and a safety risk for customers and fellow workers
* 9 percent -- Not sure

Here are some comments left by respondents:

"Not sure only because we don't have information on what his job duties were. There could be legal and safety issues - but perhaps not. So this ruling, it would seem to me, could only apply in this instance as it relates to the employer's decision to terminate his employment."

"I vote no because it is law. However, I want to overturn that law."

"Yes, if they are using it at work. It is not supposed to be used in the work environment, because it does affect many things, including decision making abilities and hand-eye coordination, among others. If you are taking such a prescription, the intent is for medical and health restoration or treatment away from the workplace, in a hospital or home environment where healing is taking place. Definitely not in the workplace."

"I would not go so far as to let anyone using a Prescription medication do whatever their job entailed. Personal and public safety comes first. IF that is not a an issue and the employee does his or her job competently and responsibility, it should not be an issue."

This week's poll looks at Internet usage at work. Concerns about security threats and time management have led some companies to block employee access to some types of Internet sites. Banned at some offices are sites that offer peer-to-peer file transfers, social networking, online radio and instant messaging, as well as more obviously inappropriate sex-oriented sites.


Source: Denver Business Journal (CO)
Copyright: 2007 American City Business Journals Inc.
Contact: denver@bizjournals.com
Website: Denver Business Journal: Local Business News
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Old 12-01-2007, 10:24 AM   #2
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Exclamation Re: Employees With Prescriptions of Medical Marijuana Should Be Protected

This article echos the frustration & fear for each MMJ patient. I work for a Medical Center and if I were to fail a piss test, I could be put on administrative leave or be terminated. I want to seek employment elsewhere,
but I fear a drug test could hold me back. I hope the state will muster the courage to say to employers that they are no longer allowed to discriminate
against patients MMJ, chronic pain or pyschiatric medications.
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Old 12-01-2007, 11:03 AM   #3
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Re: Employees With Prescriptions of Medical Marijuana Should Be Protected

Check out Oregon v. Smith . The state had the courage to stand up, but the feds still wouldn't allow Indians to use peyote religiously; once a month.
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Old 12-01-2007, 02:48 PM   #4
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Re: Employees With Prescriptions of Medical Marijuana Should Be Protected

so much for religious freedom. our laws have become one big tangled mess. you can have freedom of religion if that doesn't interfere with laws a, b, or c. it's crazy. and as for the right to fire employees with prescriptions of marijuana, NO. that is not right.
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