I really do think this is something that it is about time that was decided. I personally hope the supreme court decides that he was legal since it was medical usage. http://news.yahoo.com/colorado-high-court-considers-pot-044139294.html
Hope this guy wins against Dish
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I can remember back to 1987. Worked for Conrail at the time and there was big derailment in Maryland. I beleive 13 people died. The engineer said all railroad workers got high. That is what started all this random testing stuff.
Alcohol is legal but you can still be fired for being drunk at work, so why should pot intoxication be allowed?
Did he tell Dish when he was going through hiring process that he used medical pot? I think if he was upfront with Dish from day 1 this might not have happened. If Dish on the other hand would not hire him because of it, then that would be a medical discrimination suit.
There is a clearly defined legal level of intoxication for alcohol. Is there for medical marijuana? If I smoked pot yesterday and then get drug tested today and fail, is that still considered legally impaired?
I think the reason it is not legal in more places is because there is no way to measure the level of impairment.
I don't have my medical card, but all my friends do and they ride around with weed and scales in there car with no worries. I think they are crazy, because the laws can be interpreted different ways. then there is the matter of intoxication, just no way to prove it at this time other than a field sobriety test. I see people driving all the time hitting vape pens and know most of them are using concentrates, not e-cig liquids.
Not really sure what my point is cuz I have not medicated yet, guess I will roll one up and do my usual wake and bake.
I don't have my medical card, but all my friends do and they ride around with weed and scales in there car with no worries. I think they are crazy, because the laws can be interpreted different ways. then there is the matter of intoxication, just no way to prove it at this time other than a field sobriety test. I see people driving all the time hitting vape pens and know most of them are using concentrates, not e-cig liquids.
Not really sure what my point is cuz I have not medicated yet, guess I will roll one up and do my usual wake and bake.
They did a random drug test on a person who is a quad? Yes, in general, everyone should be available for testing, but a quadriplegic? Surely there can be an exception there.
I try not to think the worst, but was Dish trying to get him fired because of insurance costs, assuming he had insurance coverage through the company?
This is likely to go to SCOTUS as it is a serious problem as Federal laws typically trump State laws. The Obama Admin hasn't put much effort into enforcing it, at least I don't think they have.
I try not to think the worst, but was Dish trying to get him fired because of insurance costs, assuming he had insurance coverage through the company?
This is likely to go to SCOTUS as it is a serious problem as Federal laws typically trump State laws. The Obama Admin hasn't put much effort into enforcing it, at least I don't think they have.
I am a medical marijuana card holder, and I do use it on occasion, however I live in Arizona, so no company can use that against me. We have rules in place when we legalized it here. We are the only state with that safety barrier so far. The catch to the rule, and it's in the language, is it can not have a direct effect on a job. This is intended for construction workers or people operating heavy machinery, but it is not written out that way. As far as measuring, the AZ high court ruled that if you test positive for marijuana but not for THC, then you are not high. THC only stays in your system for up to 12 hours, and is the component in pot that is illegal. We actually got one thing right.
I hope he wins, too.
Eventually, a hearts and minds campaign will get more and more employers to ignore pot use, unless it affects work.
Eventually, a hearts and minds campaign will get more and more employers to ignore pot use, unless it affects work.
Not to start an argument, and I do enjoy both, but let's not lie to ourselves when we say weed will not cause lung cancer. Anything you burn and suck in the smoke, is gonna mess your lungs up. Just like natural tobacco, weed will do the same. But I do think the risk is worth the reward. It has so many other benefits and can also be ingested differently. It doesn't just have to be smoked. I can't wait till they come out with a weed chew, for all the rednecks out there
Here's a scholarly article on the subject:
http://www.nolo.com/legal-encyclopedia/can-i-fired-because-i-medical-marijuana-disability.html
Essentially, legal pot does not change a company's ability to discriminate.
http://www.nolo.com/legal-encyclopedia/can-i-fired-because-i-medical-marijuana-disability.html
Essentially, legal pot does not change a company's ability to discriminate.
Yep, let's allow all the mind altering drugs in the workplace - not!
http://www.drugabuse.gov/publicatio...s/want-to-know-more-some-faqs-about-marijuana
Employers are banning tobacco use but should allow pot use???
In several states smoking anything in and around the office is not permitted whether it is tobacco, pot or pencil shavings. The issue isn't the smoking but what employees do afterwards.
To suggest that being high is not being "under the influence" is to deny that pot does anything. Until such time as they can reliably quantify the effects in terms of impairment, it comes down to a pee test that will show up in a regular user for between 7-100 days.
I don't see where Dish has much of a choice. Granted this guy is never going to be driving, but Dish's best standing if one of their employees is under the influence and involved in something is standard testing procedures and a zero tolerance policy.
It doesn't have to be a job that officially involves driving or other heavy equipment to get Dish in trouble. An office/clerical type employee can be in their own car and if doing anything even remotely business related - picking up office supplies, going to/from anything off-site on the clock, etc - Dish could be dragged into it.
It doesn't have to be a job that officially involves driving or other heavy equipment to get Dish in trouble. An office/clerical type employee can be in their own car and if doing anything even remotely business related - picking up office supplies, going to/from anything off-site on the clock, etc - Dish could be dragged into it.
Driving to or picking up office supplies could be considered operating heavy material or physical labor That could be justified as not supported. A phone support rep whose job details list no manual labor, would have a case. It all depends on how the company defines that job role officially, at time of hiring for that specific position.
If the Supreme Court rules, they would need to rule on the Federal laws which says pot is illegal. That is the only way I can see that going in the Supreme Court did rule.
How can you tell which employee is stoned at work? he's probably the on that spends most of his paycheck at the snack machine on munchies.
How can you tell which employee is stoned at work? he's probably the on that spends most of his paycheck at the snack machine on munchies.
