Medical Marijuana Patients Could See Protection

[Herb Fellow]

A bill protecting medical marijuana patients is making its way through the California legislature. Assembly Bill 2279 would make it illegal for employers to discriminate against medical marijuana patients. It would allow patients to bring lawsuits against employers who have fired or not hired them because of their status as medical marijuana patients. AB 2279 passed in the state assembly May 28 by a vote of 41 to 35. Four Democrats crossed party lines to vote against the bill. It is now being evaluated by the state senate.

Lois Wolk, D-Davis, was one of the four Democratic assembly members who voted against the bill. Wolk was unavailable for comment before press time, but a spokesperson said she did not support the bill because of heavy opposition from the law enforcement community. The bill stems from the case of a Sacramento computer technician who was fired by RagingWire Enterprise Solutions for testing positive for marijuana use, although he was a legal medical marijuana patient. A lawsuit went to the California Supreme Court, which decided that the company was justified in its actions. It appears that the issue is not isolated to a few cases. "We've received hundreds of such reports since we started recording them in 2005," said Kris Hermes, spokesperson for Americans for Safe Access, a nonprofit medical marijuana advocacy group. "Those are pretty widespread across the state and in varying kinds of businesses and companies."

California voters passed the Compassionate Use Act, or Proposition 215, in 1996 to legalize the use of marijuana for medicinal purposes. The legislature clarified the law in 2003 with Senate Bill 420.

"The state Supreme Court just simply got it wrong," Hermes said. "The state legislature never meant for the more than 200,000 patients that now exist in California to be able to use their medicine but not be able to work, so this bill simply corrects the mistake the Supreme Court made."

Assembly member Roger Niello, R-Sacramento, said he voted against the bill because it is unworkable. "I understand what the author is trying to get at, but it completely compromises an employer's ability to have a drug-free workplace," Niello said. "The problem is, how does an employer ensure himself or herself that the person is not either using on the job or under the influence?" He said businesses would have to carve out special programs for medical marijuana patients to make sure they were not using on the job or working under the influence, which would be an "unworkable burden." "Currently, if a business wants to accommodate a medical marijuana user they can, but any approach that would force a business to hire a medical marijuana user ... is heavy-handed and for the employer, very difficult to navigate," he said.

Locally, the passage of such a bill would not have a broad impact. Myrna Epstein, the former supervisor of vital records for the Yolo County Health Department, said there are seven people with medical marijuana ID cards in Yolo County and three applications pending.

News Moderator: Herb Fellow - 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: California Aggie // Front Page
Copyright: 2008, The California Aggie
Contact: Jermy Ogul
Website: California Aggie // Jun 4, 08 // Medical marijuana patients could see protection

 

[Medical Cannabis]

This would be great in Colorado as well... heck... ALL mmj states

 

[Moobissthegr8]

I can understand heavy machinery and anything that uses driving as part of the job...but as far as other types of work, I don't see what the problem is if one should be medicated before, dring or after being on the job as long as it doesn't take away from thier ability to do the job.

 

[sicntired]

This is disgusting.When I first read about this decision I couldn't believe it.What does a urine test have to do with a drug free work place?Bowing to resistance from law enforcement?This is medical marijuana folks.What if an employee is taking morphine or codeine?This is a law against getting ill.Good luck with that one.

 

[Damagoman]

We got Rec and Med bills at the Federal level,
lets raise hell and get them passed

 

[sicntired]

Mr Frank and Mr Paul,don't forget to vote this fall.

 

[Keith Lake]

The answer to the question of how to maintain a drug free workplace in the medical marijuana environment is saliva tests.

I'm no expert but my understanding is they only show positive within a few hours of use (i.e. the alcohol breathalizer model).

If you aren't urine testing the cancer patient to confirm (harrass) them for the presence of narcotics, why do it to MMJ patients.

 

[sicntired]

The fact is that if a person is prescribed marijuana it shouldn't matter if they smoke it on break.It can also be taken in oil which can be done without the high.We are talking about medicine.It should be allowed unless it effects performance.This society is altogether too hung up on what other people do.

 

[Jimbo]

Ok...it all goes back to the strain issue. What I mean by that is; Different strains have different potencies and effects.
This fact has not even been considered and should be. There are still alot of low potency forms out their and are very easy to manage on, even when operating machinery.
These drug tests are only looking to see if someone has been using within the past month and not if the person is impaired at the time and they will not even try to find out why these people need MMJ in the first place.
This is discrimination of the worst kind.
All these law enforcement agencies want, is their share of the tax dollars and they don't even care about protecting and serving...unless you consider serving a "no knock search warrant" as serving. It certainly is not protecting!
All they are protecting is the drug dealers.
All these business owners are doing is showing just how ignorant they really are and the insurance companies they use are the masterminds behind it all.
Insurance companies are too busy trying to play doctor anyway, this is common knowledge to anyone who has ever had a claim denied after their doctor has recommended a certain kind of treatment of even a non-generic medicine.
We have to find a way to fight this, but I'm afraid it will take people to start dieing off due to the insurance companies lack of a PHD and their only covering anything but what a certified doctor has prescribed. It will take multiple law suits, by doctors and patients alike to nip that one in the bud.
These insurance companies will not cover anyone who tests positive for MJ no matter what the circumstances. They are the real problem here and more often than not, the employers really don't even care what their employees do on their own time. That's the sad truth, and if we do not fight these issues tooth and nail, we are never going to see change.
It all goes back to that "all mighty dollar" and the only weapon to defeat it, is man power on such a large scale that they can no longer hide behind ol' Ben Franklin anymore.
We have GOT to have an uprising people!!! That's the only answer to the marijuana question!!! Let's face it...they can't arrest every pot smoker in the country all gathered together in mass numbers to fight them. When that happens, they will have no choice but to legalize or face being thrown out of office!!! UNIFICATION is the only course of action that needs to take place.
Once the silent masses see this uprising, they WILL come on board to help, thats a given!!! Of that I have no doubt!!!
The way I see it, is that NORML is the front runner on MJ reform and we have got to get every smoker in the country to support them!
I find astonishing that most smokers have not even heard of NORML and we should ALL dedicate our selves to bring them out of the darkness and into the light.
We need to get the word out about NORML so strongly and on such a mass scale,that they will even start getting national media coverage.
Just think about that one for a minute...NORML, getting 100% support from every smoker in the nation!!! That sends chills up my spine, How about yours?

 

[Boss]

If you get caught drinking or being drunk on the job, companies must offer rehab by law in most states. For Cannabis, they fire you.

 

[zolar]

well you know i just checked my irritable bowel pills [valium for your colon] and just like my opiate pain pills they have the drowisness warning so does my allergy meds......

wouldn't due process mean that folks dumped for med use in Ca. should file an injunction that every other employee taking allergy meds at work be fired too......


i wonder how fast the court would backtrack on that ...

 

[Jimbo]

well you know i just checked my irritable bowel pills [valium for your colon] and just like my opiate pain pills they have the drowisness warning so does my allergy meds......

wouldn't due process mean that folks dumped for med use in Ca. should file an injunction that every other employee taking allergy meds at work be fired too......


i wonder how fast the court would backtrack on that ...

Very good point my friend...if you think about it, most meds. these days (even "over the counter" meds) have some sort of drowsy effects.
Were do these people get off condoning the use of these but not MMJ for dying patients?
No matter how hard I try, I can't wrap my brain around any sane reasoning behind keeping marijuana illegal...it just makes no since to me, what so ever.

Why aren't we fighting these people with every fiber of our being? What's wrong with us, guys? Why are pot smokers so reluctant to join forces to fight for what we obviously, so strongly believe in?

I think I am going to draft a letter to Ron Paul and ask him what he thinks we need to do, to re-educate people and maybe he can give us some incite into a new avenue of approach, because sitting back and doing nothing, in the hopes that someone else will push the message will never ever ever work...and that is a hard fact!!!

I think each and every one of us needs to swear a solemn vow that we are going to at least make an effort to recruit as many people as we can to join our fight and I think a flier put in every mail box we can find would be a good starting point...but we need a very smart individual or even a few of them to work on something tangible to make people step back and re-evaluate how they look at marijuana!
After all...marijuana is the only truly acceptable illegal drug out there...I mean, if you think about it, it is the only drug that even has sites like this one. It's the only illegal drug out there that has groups dedicated to it...so, what's the problem with every body? Why can't we all join forces?
It just blows my mind!!! It's down right depressing!!! I just want to be able to shout it from the roof top's that "YES, I AM A POT SMOKER"!!! SO WHAT???!!!

 

[sicntired]

These laws and court decisions have nothing to do with marijuana or drowsiness or dysfunction.They have everything to do with the opposition to people being able to have control over what they do and do not put into their bodies.This is the last vestiges of the prohibition movement trying to claw back what little control they can grab.There will always be such people and we can never think this battle is won as long as they're out there.As long as there is oppression,there must be opposition.Legalization is the final goal.

 

[Jimbo]

These laws and court decisions have nothing to do with marijuana or drowsiness or dysfunction.They have everything to do with the opposition to people being able to have control over what they do and do not put into their bodies.This is the last vestiges of the prohibition movement trying to claw back what little control they can grab.There will always be such people and we can never think this battle is won as long as they're out there.As long as there is oppression,there must be opposition.Legalization is the final goal.

I totally agree with you on that too. But, what I can't understand, is why won't pot smokers form up in mass numbers to fight this oppression and end this fight once and for all.
Is it that we are scared of a backlash from the government? Or is it that we are just too lazy from getting high all the time to form up? What is it exactly? I am personally ready, willing and able to stand shoulder to shoulder and fight this thing, but one...or even a hand full of people can't do it alone...It's going to have to be every smoker in this country fighting for a common goal to make pot legalized!
This could be realized if every forum and group out there gets involved and passes out information that we are starting a movement!
I strongly believe that every person in this country that has kept their love for weed a secret for so many years, would come out of the wood work to support it, if they knew that they were safe from incarceration because of the sheer numbers that were supporting it as well.
I think that if every major city in this country starts holding rallies on a regular basis then our numbers would swell beyond belief and then we would start to see a change.
If y'all don't believe that gathering in mass numbers all the time to fight for a common goal works, then go ask people in the gay communities of the 90's and the people in the black communities of the 60's about how well they listen to people gathered in mass numbers.
They might not have gotten every single thing they wanted, but at least some major changes were made to recognize that they had a voice and that they were willing to fight for what they believed in.
We must do the same thing if we are ever to be taken seriously!
I wish I knew how to get the ball rolling on something like that my self, but I wouldn't know where to start, other than just being a good solder and doing my own small part to help spread the good word.
We need to find and support someone with respected authority to head up such a movement...but who? Ron Paul, maybe? Someone like him would be able to push the issue if he had enough support from the people.

Who knows exactly what it's going to take? But, I do know that something has got to give!!!

 

[sicntired]

Try suggesting a coalition to most people and they don't give you an answer.Everybody seems to have their little piece of the action and doesn't want to share.I have shopped this idea before and it felt very chilly real fast.

 

[Herb Fellow]

Too much jealousy and like you said, sicntired, afraid to lose a little piece of the action. It's a bloody shame, but that is the way it is.

 

[Jimbo]

Gees...I guess giving up and letting the man win is what people really want then. I just can't go out like that my self. If people want to be so jaded and self righteous that they don't even care about the oppression of millions of people that suffer every day because of the war on people, then maybe we all need to just quit and give up. Maybe we should just all pull our plants up and throw away our stashes and quit smoking herb all together. If not, then we are going to have to keep up the good fight, because giving up is all smokers seem to want to do in life. We never seem to want to finish anything but we just keep on bitching about how unfair it is that we are not free to choose what we put in our bodies.
I'm sorry, but I can't help but believe in the cause and I will always fight for what's right no matter where it leads me. If someone turns away from you and acts like this war doesn't effect them, then they need to be reminded that it effects everyone.
I hate to sound bitter, but after a lifetime of being told that something is wrong, when I know in my heart of heart's it's right...well, I can't help it.
I just want this load off of our shoulders so badly!!!