Your Work Site and Medical Marijuana


Nowadays, with 14 US states that have legalized  medical   marijuana , there are perhaps hundreds of thousands of employers, who wonder about the ways to keep the work site drug free and meantime provide the adequate environment for workers, who are taken through  marijuana  treatment. In reality, the general  marijuana  topic is a mess. The federal authorities don’t want to move from their ‘all  marijuana  is illegal’ position and  marijuana-legal  states have unbelievably different approaches to the issue. Thus, there has never been a better time for reviewing drug policy of your company.

Here are some guidelines to the major white spots:

For enterprises that work for the government, like those with federal contracts, the directing document should be Drug Free Workplace Act of 1988, which bans the utilization of  marijuana  in job sites that participate in federal contracts.

The DOT – Department of Transportation – as well bans the use of  marijuana  for employees that are in so-called ‘safety-sensitive’ positions, such as bus drivers, subway operators, truck drivers, armed transit security, ship captains, and pilots. This ban covers all states, involving the states that have legalized  medical   marijuana . Thus, even if you have a  marijuana  card, but you have to fly a 757, you have to make sure that your  medical   marijuana’s  effect has passed, when you board your pilot seat.

Some attorneys advise to treat  marijuana  treatment as if it was a use of any other prescription drug, and the worker could do it legally and safely. They claim that such attitude can save employers both money and time in a situation that leads  medical   marijuana  to the point of getting more and more accepted by society and becoming legalized in greater number of states during the next few years.

Different States – Different Regulations

First of all, in the legalized states, every patient that has a  marijuana  card is protected from detainment as long as they have dealt with all the needed documentation and has the proof of a doctor’s approval for their  marijuana  treatment. But this is just the beginning.

If you live and work in Oregon or California and you are tested positive for  marijuana  at your workplace, you can get fired. You can even be fired if you use  medical   marijuana  with the required approval, and a prescription from your physician, who takes you through your  marijuana  treatment.

Just recall a precedent back in 2008 – the Ross vs. RagingWire case. Back then, the Supreme Court of California settled that the employer drug test is legal and that it isn’t discriminative to fire a worker for  marijuana  use, even when it’s not used in the job site. Oregon had the Emerald Steel Fabricators, Inc. vs. Bureau of Labor and Industries, the state’s Supreme Court settled that Oregon employers have to not support the workers’  medical   marijuana  use, since the federal law takes priority over state laws.

Patients that undergo  marijuana  treatment in Vermont, will be most probably arrested if found using or under the influence of  medical   marijuana  in their workplaces. The same is true about New Mexico patients.

In certain states, such as Rhode Island and Maine, you won’t be discriminated or fined for your employment of  medical   marijuana , if you have a  medical   marijuana  card.

In the end, simply don’t forget to review the regulations and laws of your state thoroughly, prior to using  medical   marijuana  either at home or in the job site.


Source by Pratap Ranjan