New Law Raises Questions for Yuma Businesses, Schools

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Confirmation over the weekend that voters by a narrow margin approved the legal use of marijuana for those with chronic or debilitating medical conditions begs the question about the new law's impact on local schools, businesses and municipalities.

"From what I've read, it appears it could be a huge problem for employers," said Ken Rosevear, executive director of the Yuma County Chamber of Commerce. "Certain rights are given to individuals that preclude the normal rules and policies businesses live by. It certainly sends a mixed signal about which regulations have a priority."

Proposition 203 prohibits discrimination by employers when hiring, terminating or setting conditions of employment for those who hold cards saying they can legally use marijuana for medical purposes. And it's no longer enough for an employee to test positive. It's up to the employer to prove the employee is impaired by the drug.

That raises a number of concerns about workplace safety, Rosevear said, for example those who drive or operate equipment as part of their job.

"I don't even want the guy making my pizza to be under the influence," he said. "And what about the guy wiring your house?"

The continued safety of students and staff in schools after the law takes effect next year is a big concern for Yuma County School Superintendent Tom Tyree.

"Now we are going to have to be very aware of anyone who may have to be on medical marijuana," he said.

The school districts will need to look at the possibility of implementing a policy that allows for administration to be notified about which individuals are using the drug, he noted.

The law states that any person using medical marijuana is not authorized to use the drug on a school bus or on the grounds of any preschool, primary or secondary school. However, because of the varying duration of time it may take for the marijuana metabolites to leave a person's system, it could be difficult to regulate, he said.

Yuma-area superintendents met Monday to discuss this issue along with many others.

The general consensus of the discussion was that with the proposition's passage, they must now look into the details of the law and seek direction from the Arizona School Boards Association as well as their district attorneys while ultimately sustaining their main concern: the safety of their students and staff.

"Now the work begins to figure out what policies may need to be implemented or what existing policies need to be adjusted," Tyree said, noting that will require extensive study of the law.

"I hope that what this does not do is lead to a greater use of marijuana in Arizona illegally," he concluded.

Long before the final vote was counted, the city of Yuma Community Development Department had started the zoning review process in case Proposition 203 became law.

"They're been working on it ... they're in the development process," said Dave Nash, city spokesman.

But it's way too early to say what form a measure may take, he said. And it won't happen quickly.

The key thing, Nash said, is that the final measure include all the "appropriate items ... the most comprehensive plan possible under the city's jurisdiction."

There also will be several opportunities for the public to weigh in on the draft measure, he said. Both the city's Planning and Zoning Commission, where the measure will go first for review, and the Yuma City Council will hold public hearings before it is adopted.

Visit 2010 Ballot Propositions & Judicial Performance Review for more information about the law.


NewsHawk: User: 420 MAGAZINE
Source: Sun, The (Yuma, AZ)
Copyright: 2010 The Sun
Contact: Submit a letter to the editor : YumaSun
Website: YumaSun
Details: MapInc
Authors: Sarah Reed and Joyce Lobeck
 
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