Katelyn Baker
Well-Known Member
Before employees light up a joint next to their coworkers smoking a cigarette, the Visalia Chamber of Commerce and the Visalia Economic Development Corporation decided to host a forum to discuss the implications of the recently passed marijuana legalization.
It was a packed house Tuesday morning as Tulare County business owners filled 210 to hear a panel of legal professionals discuss marijuana.
Gail Zurek, president of the chamber, said the question asked most often was, "how does this proposition affect my business?"
The answer isn't complicated.
The measure allows adults, 21 and older, to possess up to one ounce of marijuana and grow up to six plants in their homes. Although it is now legal to smoke marijuana for non medical uses, it is still illegal at the federal level. The rights granted to employers have remained the same.
"Prop. 64 was not intended to change employer's right," said Brett Sutton of Sutton Hague Law Corporation. "Employers can still discriminate by position as long as it is legal."
According to the California Chamber of Commerce, drug testing is allowed. However, there are strict guidelines private employers must follow when drug testing their employees.
Those limits include testing prior to employment, random drug testing when the employee's job is deemed safety-sensitive, reasonable suspicion testing.
Visalia Capt. Brian Winter and California Highway Patrol Lt. Robert Burnell, encouraged employers to have a manager on staff that is trained to detect alcohol and drug-impairments.
"We aren't going to do administrative duties to check and see if your employee is under the influence," Winter said.
Another misconception is that employers do not have the right to terminate an employee with a medical marijuana card. Sutton cited Ross v. Raging Wire, a 2008 Supreme Court decision which ruled that employers don't have to accommodate drug use and an employer could lawfully terminate the employee for using medical marijuana.
Both Sutton and the other panelists agreed Proposition 64, passed in November, could affect public safety.
"I think it's going to have a tremendous impact," Sutton said.
The Tulare County Sheriff's Department believes that high taxes will drive black market sales. The proposition created high sales taxes on marijuana, which have been designated to fund anti-drug education and law enforcement agencies.
However, many officers believe the cost to deal with the ramifications of marijuana will far outweigh the tax benefits.
"It's a multifaceted issue," said sheriff's Detective Tim Johnson. "There's not an easy answer."
Assistant District Attorney, Kerri Lopez, said that there is one attorney assigned to prosecute marijuana cases. Prior to the proposition passing, there were upward of 200 criminal cases involving marijuana.
Since Nov. 8, 75 percent have been dismissed, another 50 percent have been reduced to misdemeanors and 25 percent are felonies – only because an additional felony charge was attached.
Lopez added that law enforcement officers are more inclined to investigate felonies before misdemeanors.
What concerns panelists was the possible jump in DUIs. Unlike alcohol, there is no legal limit set for driving under the influence of marijuana.
"They didn't give us a presumption for marijuana," Lopez said. "Prosecution will be extremely difficult."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Panel Lights Up Over Weed
Author: Sheyanne Romero
Contact: (559) 735-3200
Photo Credit: Sheyanne Romero
Website: Visalia Times-Delta
It was a packed house Tuesday morning as Tulare County business owners filled 210 to hear a panel of legal professionals discuss marijuana.
Gail Zurek, president of the chamber, said the question asked most often was, "how does this proposition affect my business?"
The answer isn't complicated.
The measure allows adults, 21 and older, to possess up to one ounce of marijuana and grow up to six plants in their homes. Although it is now legal to smoke marijuana for non medical uses, it is still illegal at the federal level. The rights granted to employers have remained the same.
"Prop. 64 was not intended to change employer's right," said Brett Sutton of Sutton Hague Law Corporation. "Employers can still discriminate by position as long as it is legal."
According to the California Chamber of Commerce, drug testing is allowed. However, there are strict guidelines private employers must follow when drug testing their employees.
Those limits include testing prior to employment, random drug testing when the employee's job is deemed safety-sensitive, reasonable suspicion testing.
Visalia Capt. Brian Winter and California Highway Patrol Lt. Robert Burnell, encouraged employers to have a manager on staff that is trained to detect alcohol and drug-impairments.
"We aren't going to do administrative duties to check and see if your employee is under the influence," Winter said.
Another misconception is that employers do not have the right to terminate an employee with a medical marijuana card. Sutton cited Ross v. Raging Wire, a 2008 Supreme Court decision which ruled that employers don't have to accommodate drug use and an employer could lawfully terminate the employee for using medical marijuana.
Both Sutton and the other panelists agreed Proposition 64, passed in November, could affect public safety.
"I think it's going to have a tremendous impact," Sutton said.
The Tulare County Sheriff's Department believes that high taxes will drive black market sales. The proposition created high sales taxes on marijuana, which have been designated to fund anti-drug education and law enforcement agencies.
However, many officers believe the cost to deal with the ramifications of marijuana will far outweigh the tax benefits.
"It's a multifaceted issue," said sheriff's Detective Tim Johnson. "There's not an easy answer."
Assistant District Attorney, Kerri Lopez, said that there is one attorney assigned to prosecute marijuana cases. Prior to the proposition passing, there were upward of 200 criminal cases involving marijuana.
Since Nov. 8, 75 percent have been dismissed, another 50 percent have been reduced to misdemeanors and 25 percent are felonies – only because an additional felony charge was attached.
Lopez added that law enforcement officers are more inclined to investigate felonies before misdemeanors.
What concerns panelists was the possible jump in DUIs. Unlike alcohol, there is no legal limit set for driving under the influence of marijuana.
"They didn't give us a presumption for marijuana," Lopez said. "Prosecution will be extremely difficult."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Panel Lights Up Over Weed
Author: Sheyanne Romero
Contact: (559) 735-3200
Photo Credit: Sheyanne Romero
Website: Visalia Times-Delta
