Ron Strider
Well-Known Member
With Gov. Nathan Deal's signature now fresh on Senate Bill 16, medical cannabis continues to expand in Georgia with six new illnesses added to the list of conditions eligible for treatment. Deal in 2015 signed into law Haleigh's Hope Act, which created the Georgia Commission on Medical Cannabis to prepare comprehensive recommendations regarding the regulation of medical cannabis. The state Department of Public Health now promulgates rules and regulations for the establishment and operation of the patient registration process and dispensing of registry cards to individuals and caregivers. Physicians may "authorize," not "prescribe," the use of medical cannabis for certain medical conditions.
The original law made it legal for individuals with seizure disorders, Crohn's disease, mitochondrial disease, severe or end-stage ALS, multiple sclerosis, Parkinson's disease, sickle cell disease and cancer to possess up to 20 ounces of cannabis oil with a THC level as high as 5 percent, if approved by their physician. The new law's list of approved conditions includes Alzheimer's disease, AIDS, epidermolysis bullosa, autism, Tourette's syndrome and peripheral neuropathy. With this expansion of authorized conditions, the question arises as to what impacts this may have on the workplace.
From an operational standpoint, many employers have rules and internal regulations governing the use of prescription or doctor-recommended drugs. An employer would not assign an employee to operate heavy equipment or complex machinery if the employee is taking prescription narcotic pain medication. The same restraint would apply to medical marijuana. However, as the regulatory stance on medical marijuana changes so rapidly, the question arises as to what impact medical cannabis has on employer policies such as the drug-free workplace.
Although there is no case law to date in Georgia, other states have begun to provide guidance. For example, the Colorado Supreme Court held in 2015 that employers' zero-tolerance drug policies reign supreme over medical marijuana laws and that employers may terminate employees for using medical marijuana, even if the drug was used on the employee's own time and approved by a doctor. Despite the growing number of states with some form of marijuana legislation, marijuana remains a Schedule I substance under the Controlled Substance Act of 1970, making use and distribution of marijuana a federal crime.
However, the federal government has seemingly turned a blind eye to state marijuana laws. In 2013, the Department of Justice announced an update to the Marijuana Enforcement Policy, which provides that, while marijuana distribution and use remains illegal at the federal level, states are expected to create "strong, state-based enforcement efforts ... and will defer the right to challenge their legalization laws at this time." It is yet to be determined what impact the Trump administration and Attorney General Jeff Sessions will have on the Marijuana Enforcement Policy. Notwithstanding the expansion under Senate Bill 16, it is still illegal to produce marijuana in Georgia, despite the legalization for some patients to possess the drug. Overall, it appears employers with workplace drug policies will likely not have to change their policies, although other concerns may arise in other areas, such as the Americans with Disabilities Act or Family and Medical Leave Act.
Another concern is whether medical cannabis will impact employers and insurers in the workers' compensation arena. If an employee is legally under the influence of medical cannabis and sustains a work injury, how will this affect his or her workers' compensation claim? Under the Georgia Workers' Compensation Act, an employee may not recover workers' compensation benefits where the employee's injury or death is a result of the employee's being under the influence of marijuana or other controlled substances. Specifically, O.C.G.A.§ 34-9-17 provides that, where testing has been performed demonstrating an employee has any amount of marijuana or controlled substance in his blood within eight hours of the alleged accident, there will be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or by the ingestion of marijuana or the controlled substance. The statute further provides that "no compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been prescribed a by a physician for such employee and taking in accordance with such prescription." One would argue that, since medical cannabis oil still cannot be prescribed, it is not protected under the language of the statute. Therefore, the intoxication defense could apply in a case in which the employee was legally using marijuana. The courts may also consider how much marijuana was in the employee's blood or urine and whether the employee was actually impaired.
Another scenario we may see is one in which medical marijuana comes into play as a treatment option in an accepted and compensable claim. The question naturally becomes whether medical marijuana will be a part of an approved workers' compensation treatment plan in Georgia. In short, the answer is likely no. Medical marijuana has not been approved by the FDA, and it remains a Schedule I drug. There are complex issues with legal medical marijuana users' ability to obtain the drugs and integration of the current medical marijuana framework into the workers' compensation system would be tedious. Also, there may be few physicians willing to certify patients for the use of medical marijuana. Second, the conditions authorized under the aforementioned legislation would not likely come into play in a workers' compensation claim. However, other states are handling medical marijuana in a workers' compensation setting in various ways. For example, the New Mexico Workers' Compensation Administration established rules to govern reimbursement for medical marijuana in workers' compensation claims, and similar scenarios have materialized in Louisiana and Minnesota.
As medical cannabis continues to evolve in Georgia and nationwide, employers should assess the impact of medical cannabis by reviewing all internal drug-related policies, determining the appropriate level of discipline in the event of a positive drug test, examining whether employees are using medical cannabis during work hours and assessing the company approach to accidents that happen at work where medical cannabis is involved. An employer's medical marijuana policy should be made crystal clear to all employees.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: New Georgia Cannabis Law Poses Workplace Law Questions | Daily Report
Author: Richard A. Phillips
Contact: Contact Us | Daily Report
Photo Credit: None Found
Website: Daily Report
The original law made it legal for individuals with seizure disorders, Crohn's disease, mitochondrial disease, severe or end-stage ALS, multiple sclerosis, Parkinson's disease, sickle cell disease and cancer to possess up to 20 ounces of cannabis oil with a THC level as high as 5 percent, if approved by their physician. The new law's list of approved conditions includes Alzheimer's disease, AIDS, epidermolysis bullosa, autism, Tourette's syndrome and peripheral neuropathy. With this expansion of authorized conditions, the question arises as to what impacts this may have on the workplace.
From an operational standpoint, many employers have rules and internal regulations governing the use of prescription or doctor-recommended drugs. An employer would not assign an employee to operate heavy equipment or complex machinery if the employee is taking prescription narcotic pain medication. The same restraint would apply to medical marijuana. However, as the regulatory stance on medical marijuana changes so rapidly, the question arises as to what impact medical cannabis has on employer policies such as the drug-free workplace.
Although there is no case law to date in Georgia, other states have begun to provide guidance. For example, the Colorado Supreme Court held in 2015 that employers' zero-tolerance drug policies reign supreme over medical marijuana laws and that employers may terminate employees for using medical marijuana, even if the drug was used on the employee's own time and approved by a doctor. Despite the growing number of states with some form of marijuana legislation, marijuana remains a Schedule I substance under the Controlled Substance Act of 1970, making use and distribution of marijuana a federal crime.
However, the federal government has seemingly turned a blind eye to state marijuana laws. In 2013, the Department of Justice announced an update to the Marijuana Enforcement Policy, which provides that, while marijuana distribution and use remains illegal at the federal level, states are expected to create "strong, state-based enforcement efforts ... and will defer the right to challenge their legalization laws at this time." It is yet to be determined what impact the Trump administration and Attorney General Jeff Sessions will have on the Marijuana Enforcement Policy. Notwithstanding the expansion under Senate Bill 16, it is still illegal to produce marijuana in Georgia, despite the legalization for some patients to possess the drug. Overall, it appears employers with workplace drug policies will likely not have to change their policies, although other concerns may arise in other areas, such as the Americans with Disabilities Act or Family and Medical Leave Act.
Another concern is whether medical cannabis will impact employers and insurers in the workers' compensation arena. If an employee is legally under the influence of medical cannabis and sustains a work injury, how will this affect his or her workers' compensation claim? Under the Georgia Workers' Compensation Act, an employee may not recover workers' compensation benefits where the employee's injury or death is a result of the employee's being under the influence of marijuana or other controlled substances. Specifically, O.C.G.A.§ 34-9-17 provides that, where testing has been performed demonstrating an employee has any amount of marijuana or controlled substance in his blood within eight hours of the alleged accident, there will be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or by the ingestion of marijuana or the controlled substance. The statute further provides that "no compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been prescribed a by a physician for such employee and taking in accordance with such prescription." One would argue that, since medical cannabis oil still cannot be prescribed, it is not protected under the language of the statute. Therefore, the intoxication defense could apply in a case in which the employee was legally using marijuana. The courts may also consider how much marijuana was in the employee's blood or urine and whether the employee was actually impaired.
Another scenario we may see is one in which medical marijuana comes into play as a treatment option in an accepted and compensable claim. The question naturally becomes whether medical marijuana will be a part of an approved workers' compensation treatment plan in Georgia. In short, the answer is likely no. Medical marijuana has not been approved by the FDA, and it remains a Schedule I drug. There are complex issues with legal medical marijuana users' ability to obtain the drugs and integration of the current medical marijuana framework into the workers' compensation system would be tedious. Also, there may be few physicians willing to certify patients for the use of medical marijuana. Second, the conditions authorized under the aforementioned legislation would not likely come into play in a workers' compensation claim. However, other states are handling medical marijuana in a workers' compensation setting in various ways. For example, the New Mexico Workers' Compensation Administration established rules to govern reimbursement for medical marijuana in workers' compensation claims, and similar scenarios have materialized in Louisiana and Minnesota.
As medical cannabis continues to evolve in Georgia and nationwide, employers should assess the impact of medical cannabis by reviewing all internal drug-related policies, determining the appropriate level of discipline in the event of a positive drug test, examining whether employees are using medical cannabis during work hours and assessing the company approach to accidents that happen at work where medical cannabis is involved. An employer's medical marijuana policy should be made crystal clear to all employees.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: New Georgia Cannabis Law Poses Workplace Law Questions | Daily Report
Author: Richard A. Phillips
Contact: Contact Us | Daily Report
Photo Credit: None Found
Website: Daily Report
