Court says pot smokers can be fired, even in Colo.

[onehandle]

Source: AP

DENVER (AP) -- Medical and recreational marijuana may be legal in Colorado, but employers in the state can lawfully fire workers who test positive for the drug, even if it was used off duty, according to a court ruling Thursday.

The Colorado Court of Appeals found there is no employment protection for medical marijuana users in the state since the drug remains barred by the federal government.

"For an activity to be lawful in Colorado, it must be permitted by, and not contrary to, both state and federal law," the appeals court stated in its 2-1 conclusion.

The ruling concurs with court decisions in similar cases elsewhere and comes as businesses attempt to regulate pot use among employees in states where the drug is legal. Colorado and Washington state law both provide for recreational marijuana use. Several other states have legalized medical use.


Read more: http://news.yahoo.com/court-says-pot-smokers-fired-204632777.html

[RKP5637]

1. Ridiculous! n/t

[Jim__]

2. A case of a company blindly following rules.

The man is a quadriplegic and there is no allegation that he was ever impaired on the job. How about a little humanity?

[BethanyQuartz]

10. Agreed

In certain jobs I can see it as reasonable even though it detects usage throughout the month but a stoned chimpanzee can do most of the jobs in our wonderful new 'service economy' and would need to be stoned round the clock to not be bored out of its freaking mind while doing them.

[BlueJazz]

3. The court ruled that it IS ok to come to work after an all-night drunk....

...or screwed up on the hundreds of various "prescription" drugs that America over uses.

[MrModerate]

16. Most companies . . .

Mine included, have policies prohibiting 'impairment' even with completely legal substances.

It's grossly unfair, of course, because they don't have rules about coming to work after having a fight with your spouse, or while worrying about your mortgage, or wondering if your kid is going to flunk out of college or not — all of which are more impairing than a joint you might have smoked last week.

On the upside, I do think creeping marijuana legalization is going to break some of those rules down over time. And sooner rather than later.

[ctsnowman]

4. Freedom isn't free.

You gotta have a lot of $$$$$ to be free.

[RoccoR5955]

8. Then it's not freedom, it's FEEDOM! n/t

[ctsnowman]

11. lol

[theaocp]

5. And the conservative states-righters

come out screaming in 3 ... 2 ... 1 ... *crickets*

So much for being against BIG government. Why can anyone be fucking tested when it's legal?

[MillennialDem]

14. I'm not a marijuana smoker, and I do think it should be legal in all 50 states but I do see the

reasoning of the Colorado court. I don't agree with it and it stinks, but I can see the reasoning.

Saying "it's legal in CO" is I'm sorry....... NOT TRUE. It's pothead wishful thinking. It's still illegal by federal law. The probability an end user gets busted for a federal crime is of course next to nil, but it's still technically illegal in all 50 states.

[Mr. David]

17. I guess you have not read the 10th Amendment...

And there is now a new bill introduced in both House and Senate that has a fair chance of passing stating that the laws of Colorado and Washington regarding marijuana is to be respected by the federal system. Heck, I'm hearing rumblings about just getting the federal law changed. Plus the case in DC that may force the descheduling of cannabis is at stake.

[MillennialDem]

18. I guess you have not heard of the supremacy clause. Obama is not enforcing it, but I guarantee you

if you get busted by the feds they're not going to drop the case because it's legal in CO (and via the 10th amendment).

Same sex marriage is legal in a few states, try filing a joint federal return and watch what happens if you get audited.

[SmittynMo]

6. Yeah this makes a LOT of sense

Are you freaking kidding me? This makes no sense at all. It's legal to smoke, but don't get caught in a random drug test and risk getting fired? But it's OK to drink alcohol and never get screened? Or if you get screened, it's OK because I'm OK now because I had a few too many the night before? I knew there would be some issues once this was passed, but I never thought it would go to this level of stupidity. Obviously there are still things to work out.

[MillennialDem]

15. Because it's still actually ILLEGAL (by federal law)? Not saying it should be illegal, or that

it's bad (I'm a nonsmoker but think it should be legal in all 50 states and legal by federal law), but even in CO it's still technically illegal.

[RedstDem]

32. i agree with the court

I smoke everyday, unless its close to random test time.
I don't see they had much of a choice.

[dotymed]

7. Drug testing was implemented for a few reasons.

1) Mainly to allow the insurance companies to deny claims and indemnify business'. If a person is injured on the job, drug testing is the first thing "they" do. It does not matter when that person last smoked, it is a reason to deny paying for their injuries.
2) When insurers came up with this idea, the business' themselves were encouraged to invest in drug testing facilities, a guaranteed profit maker. Employees had no choice but to use the employer owned testing facility.
3) Employees would not fight this new decree, they were too intimidated. Even the Unions do it (mandated by the insurance companies). Yes, our Unions also invested in these facilities...

When (in IN.) the local H.S. decided that all students who participated in ANY extra-curricular activity or drove themselves to school would be subject to drug testing, I was the only parent who fought the proposal. Their reasoning? "When these students become employees, they will be required to drug test. We are preparing them for the job market."
What about the "stoner's" who would have liked to played sports, and possibly even decided that drugs interfered with their game? They were never given that opportunity. This school rule locked children into a possible life of drug use/possibly abuse. I was raising 4 children in a small town (pop. 2000), even my kids (who at first were proud of my stance) asked me to stop fighting for their rights. My oldest Daughter was temporarily removed from the softball team. My children were singled out because I refused to allow them to give-up their rights. Other parents were saying that I encouraged drug use among our kids. Even my friends ( I did not partake at that time)
thought it was a good rule and that I should back-off. I did, because of my children.
Eventually it was discovered that the PTA president was invested in drug testing facilities. It didn't matter.

[Proletariatprincess]

19. Bravo dotymed!

...for your post and for your heroic action to protect the rights of your kids and all of us.
Thank you for taking a stand. It must have been difficult to fight the "...whataboutthechildren'' crowd.
Your story says it all. It is about corruption and profits. In the workplace, it is about intimidation and a way to disrespect the workers. It is not about safety. Our schools and workplaces are less safe today than before there was ever drugtesting. It is about police state tactics and a violation of the 4th amendment (the one against unreasonable search and seizure). It has eroded our quality of life and our privacy and made some corporations very rich. And, it is really all about Marijuana. Because, as Nixon taught us, the laws against Pot are political,class and race based and serve no real purpose but to target the free thinkers in our society who ask too many questions.

[Sunlei]

29. you're right, the test costs a few cents, employee tester a bit more =%1000 profit on every test and

it is taxpayers state and federal who give the test company those massive profits.

Plus you're right..the test is used to kick people off insurance or their job.

For example a friend of mine has worked for the city for 30 years, shes near offical retirement. They push her to take early retirement. They also started random drug tests at the same time they started pushing early packages.

[agent46]

9. This is Amerika. You have rights!

...Unless you have a job!

[ctsnowman]

12. Or want to collect benefits in some states.

[BethanyQuartz]

13. Hangovers

I'd much rather work with someone who got stoned the night before than someone who was hungover.

[KansDem]

21. I hear ya!

...but not too loud..please!

[BethanyQuartz]

23. I promise to whisper

If you promise not to throw up on my shoes!

[The Straight Story]

20. Companies can fire people for smoking cigarettes at home, why should pot be any different? (nt)

[Bohunk68]

22. And here I thought we on this forum

were past the stage of comparing pot smoking to the use of tobacco. Guess not, even if you got umpteen thousand posts.

[The Straight Story]

25. Um, maybe you missed something in the translation from english to whatever you read

It is not about smoking - it is about how companies CAN fire you for other things you do legally at home so why should pot be treated different??

To recap: There are legal things you can do at home (won't mention that one thing to avoid confusion) that companies can test you for and then fire you for doing. Why would the courts rule that pot is different?


That better?

[CBGLuthier]

26. Why do we allow companies that much control over our lives?

Why accept it? Many countries protect their citizens from the ridiculous policies of their employers. Are US Citizens not equal in value?

[The Straight Story]

27. I don't accept, but then I get called a libertarian

and people say I only care because I smoke.

These things happens because we DON'T care about the underlying principals and how they map out to many things. Can't have an abortion but fight for the rights of others to be able to. Not gay but care about gay marriage issue. Don't own a gun, care about issues facing gun owners.

All of them boil down to more power and freedom for people to make choices and live their lives more open and freely.

But some folks hate the idea of that much freedom and welcome less of it.

[dipsydoodle]

30. You don't have to accept it.

You just go and work for another company.

[LanternWaste]

36. What other prescription medications should a person be fired for taking?

What other prescription medications should a person be fired for taking?

Six of one, half a dozen of the other... and both as idiotic as the other.

[The Straight Story]

38. None.

Which is why some of us are pretty consistent in saying such things should not be legal in the first place.

[SmittynMo]

39. I think if you get tested

and take a prescription drug they think is illegal, it's OK. (IE: Oxycodone) I'm sure you will need a note from the Dr. I didn't know that anyone was testing for pre-employment or otherwise, for prescription drugs. I thought they were after illegal drugs, like heroin,etc.

[cynzke]

24. Dueling Laws

Just goes to show you how much thought goes into the process of making laws that conflict with one another.

[Sunlei]

28. this is why a profitable home business is to collect childrens pp and sell it.

[Comrade Grumpy]

31. This needs to be taken up in labor contract negotiations.

The only rights you have vis a vis your boss are those you win at the negotiating table. Where's that union when you need it?

[RedstDem]

33. our union negotiated and got it so

Once a company has drug tested their management, then they could random test the union workforce. That included drug testing union members in management also.
I think it sucks and serves no purpose except power over employees.

[2ndAmForComputers]

34. Love it! Is that a DC thing?

[Comrade Grumpy]

37. Unions historically haven't been great on this issue.

But they're all workers have when it comes to negotiating working conditions.

Union workers need to get the message to their leadership that this is not okay.

[rollin74]

35. this decision is hardly surprising. marijuana is still a schedule 1 controlled substance

under federal law. Hopefully that will change someday.

but until it's removed from the list, any effort at "legalization" is on shaky legal ground at best