What about protection for employment drug tests for patients?

DaleRoberts

Well-Known Member
How far away are we from this? If you hold a card you should be able to drop dirty for cannabis right? When will.we be safe from being fired for medicating?
 

NurseNancy420

Well-Known Member
When we quit letting our enemies write our laws. The nazis writing laws for the Jews. The Lions writing up recipes for Christians.
 

Huel Perkins

Well-Known Member
Sadly, I believe we are far far away from this...

But.... there was a case in the last year that ensures the rights to unemployment benefits for patients if they are fired for failing a drug test.
 

DaleRoberts

Well-Known Member
If mmj is a schedule 2 federally....wouldn't this mean that cardholders could be exempt like an opiate user with a prescription? I think the evidence is overwhelming about the medicinal benefits cannabis provides. I don't see the government living the lie much longer. More than 50% of people no longer oppose legalizing mmj. This was a recent poll I saw on CNN. I think the time will come very soon.
 

Red1966

Well-Known Member
Some jobs require you to be clean. As far as I know, you can be canned for testing dirty anywhere. And they can always not hire you.
 

TonightYou

Well-Known Member
An employer can in many instances hold legit opiate pain users from employment.

Really the question should be why have drug tests as a condition for any type of employment? Employment is simply exchanging labor for pay (fulfillment of a duty). Drug tests produce inaccurate results, and more importantly give employers agency over ones own autonomy.
 

st0wandgrow

Well-Known Member
As an employer, I would have no problem hiring someone that used weed. I would be much more concerned over opiate use.

I have been there and done that, and the opiates made me much less functional and prone to mistakes than weed ever could. Concentrates and edibles aside. Those fuck me up pretty bad.
 

mrbungle79

Well-Known Member
An employer can in many instances hold legit opiate pain users from employment.

Really the question should be why have drug tests as a condition for any type of employment? Employment is simply exchanging labor for pay (fulfillment of a duty). Drug tests produce inaccurate results, and more importantly give employers agency over ones own autonomy.
Liability......
 

TonightYou

Well-Known Member
Liability......
Right but even pissing clean, what's to stop me from picking up a coke habit down the road? The next day? What does a urine test actually convey to an employer? That you don't have drug biproducts currently in your system. It doesnt tell me you have an alcohol problem, or you sleep in and are constantly tardy or any other reason you would fail to carry out your duty.

And yes an employer can discriminate. You do realize that there are legal ways to essentially discriminate against a prospective applicant or employee. The question is how to do it right. I'm not unfamiliar with HR practices or policies, it's something I have to know and be aware of. I hardly think it's a good, or indicative way of how an employee may turn out. I think its a violation of privacy.
 

grownbykane

Active Member
i agree with the invasion of privacy, but the unfortunate truth is this conversation is pointless until the feds at the very least pull mary jane back to a schedule 2 drug. Even if you take the possible negative effects of being high completely out of the equation, if you test positive for cannabis you have committed a federal crime regardless of medical status.
 

racerboy71

bud bootlegger
I'm no lawyer obviously but I don't think taking an UA for a job.is any sort of.law, it's all based on the company, and their insurance company .. some insurance companies give big breaks for "a drug Free work place", which of course we all know is complete horse shit as what does what I do outside of work have 1 iota to do with my work performance? Nothing of course, but if a company can save Idk how much by claiming a "drug free work place", you can bet your sweet ass they will..
This is the same reason why you usually get piss tested after an on the job injury .. insurance companies could have grounds to not take the claim if you're found to be under the influence..

Unfortunately, I don't think rescheduling would work, at least for an on the job injury.. if.you get hurt at work, and are found to be drunk, you're pretty screwed as well, and we all know that alcohol is a legal drug..

Unfortunately, I think UA's are her to stay for preemployment testing as companies are private businesses, and can and will do as they please .. and so long as insurance companies are involved, well, let's say I don't see them going anywhere soon.. :(
 

Grojak

Well-Known Member
Sadly, I believe we are far far away from this...

But.... there was a case in the last year that ensures the rights to unemployment benefits for patients if they are fired for failing a drug test.

With one stipulation to this, your unemployment rights are valid as long as there is no proof you were under the influence at the time of said drug test. I am awaiting (3-5 weeks) to see if my unemployment will be granted, I had to fill out paperwork to state my side of the story. I got popped with a "random" for smell alone (so they said). Smell does not constitute being under the influence and I honestly was not, I have DR prescribed non narcotic muscle relaxers for the day time. The bullshiit of the story is I was the known hippie at work, I'm the one going to a ton of concerts and advocating pot for the last 6 years, but all of a sudden I smelled like it, within a week of someone else getting ransomed at a different location (city) for saying his back hurt one day.
 

DaleRoberts

Well-Known Member
With one stipulation to this, your unemployment rights are valid as long as there is no proof you were under the influence at the time of said drug test. I am awaiting (3-5 weeks) to see if my unemployment will be granted, I had to fill out paperwork to state my side of the story. I got popped with a "random" for smell alone (so they said). Smell does not constitute being under the influence and I honestly was not, I have DR prescribed non narcotic muscle relaxers for the day time. The bullshiit of the story is I was the known hippie at work, I'm the one going to a ton of concerts and advocating pot for the last 6 years, but all of a sudden I smelled like it, within a week of someone else getting ransomed at a different location (city) for saying his back hurt one day.
Keep us updated on this! Keep fighting the fight man. I'm sorry to see you getting victimized.
 

Huel Perkins

Well-Known Member
With one stipulation to this, your unemployment rights are valid as long as there is no proof you were under the influence at the time of said drug test. I am awaiting (3-5 weeks) to see if my unemployment will be granted, I had to fill out paperwork to state my side of the story. I got popped with a "random" for smell alone (so they said). Smell does not constitute being under the influence and I honestly was not, I have DR prescribed non narcotic muscle relaxers for the day time. The bullshiit of the story is I was the known hippie at work, I'm the one going to a ton of concerts and advocating pot for the last 6 years, but all of a sudden I smelled like it, within a week of someone else getting ransomed at a different location (city) for saying his back hurt one day.
I wish you the best of luck brother! I know its not going to be possible for them to prove anything against you but i also know that justice does not always prevail, especially when it comes to us cannabis patients. You may way to pitch the facts of your situation to a few well known medical cannabis lawyers in our great state in case your rights are denied. PM me if your need anything.
 

Red1966

Well-Known Member
i agree with the invasion of privacy, but the unfortunate truth is this conversation is pointless until the feds at the very least pull mary jane back to a schedule 2 drug. Even if you take the possible negative effects of being high completely out of the equation, if you test positive for cannabis you have committed a federal crime regardless of medical status.
There is no federal prohibition of the use of cannabis. Only the manufacture, possession, and trafficking are banned.
 
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