There is much controversy and many legal battled are taking place in the states that have legitimized medical marijuana. As most of the laws were defined pretty loosely, there is a debate regarding the employee’s rights to come to work having imbibed some medical marijuana and the employer to determine whether that same employee is fit to work on the job. Some employees have been fired for not passing their drug tests as the medical marijuana is shown as a positive on the results. Employers maintain these employees do not comply with the no tolerance drug standards and are potentially a hazard on the job.
As I said, there are a number of cases in the courts. It has been an ongoing issue and I have written about his on a number of occasions. One such article is entitled, Employee Background Checks and the New Medical Marijuana Laws.
All in all…it’s a very tough call. We shall see how that moves through the courts and the legislatures. It will be awhile before any of this is resolved.
Now that California is considering the full legalization of marijuana, different business groups are getting nervous. According to an article in the Los Angeles Times, employer concerns center around, among other things, that stoned employees may not be up to operating dangerous equipment. If they do hurt themselves or other employees, then there are considerations about liability, bad publicity, and the concern for injured workers. The California Initiative is known as Proposition 19.
Employers claim that even bus drivers and truck drivers will be able to drive while high. Proponents of the initiative believe that some employers are just using this as an excuse to fire employees who test positive for marijuana. Employers also contend they would not meet the compliance standards for the Drug-Free Workplace Act, and this may deny them access to federal funding and federal funding.
Early on I realized that one of the background checks that would certainly be among the list for pre-employment screening would be the medical marijuana permit. Because once marijuana is legalized, or once those who have the permit are able legally to come to work high, you can be sure there will be copy cat advocates, employees without the medical marijuana card also coming to work stoned. I guess you would be able to tell how stoned everyone is by what they buy from the Roach Coach during they ten o’clock break. I do believe if the law is passed, then employers may wish to run Motor Vehicle Driving Records or MVR searches to see if their employees have been stopped for driving while intoxicated. A DUI may be evidence that helps to prove that employee is not qualified to work stoned in a dangerous environment as they tend to smoke more than good judgment would ever allow.
