Katelyn Baker
Well-Known Member
Ohio is now the 26th state to legalize medical marijuana - a great accomplishment for advocates and patients. But does the bill go far enough?
While the bill states that patient information will be kept confidential, there is a failure to protect patients working in zero-tolerance companies that perform drug testing. This is a clear inconsistency in the legislation's logic. By mandating that such information should be confidential, lawmakers acknowledge that stigma surrounding marijuana can threaten a patient's livelihood. However, because the law doesn't intervene with drug-testing policies, patients can be discovered anyway and fired from their job.
The decision to test for marijuana is not supported by science. THC levels do not correlate with intoxication. This means that, unlike with alcohol, a marijuana test cannot quantify how intoxicated a user is. Further, since the rate of THC metabolism is fairly slow, users can test positive days after use. Workplace drug-testing programs generally use urine tests that can test positive 1 to 5 days after occasional use and 1 to 3 weeks in regular users. In other words, testing for marijuana does not determine if an employee is getting high on the job, only if they use the drug at all.
In truth, companies test for marijuana because there is still a stigma against its users. Numerous scientific studies have testified that marijuana has limited negative effects and is even beneficial for some patients. Despite this evidence, employers falsely assume that marijuana users will be less responsible or productive than the average employee. In other states with similar medical marijuana policies, patients have been fired due to this stigma.
In June of last year, for example, the Colorado Supreme Court upheld Dish Network's decision to fire Brandon Coats after he failed a random drug test in 2010. Coats, who became quadriplegic in a car accident, used marijuana off duty to control leg spasms. Even though Coats had a medical marijuana card, the court ruled that Dish Network was allowed to enforce its zero-tolerance drug policy because all marijuana use is still illegal under federal law.
Some may contend that it is not the government's place to dictate company policies. However, this is not a question of business or profit. This is a matter of antiquated employers refusing to accept scientific evidence at the expense of others. The first Guiding Principle in the 2013 U.S. Government Approach on Business and Human Rights states that governments have a "duty to protect against human rights abuse within their territory," which requires them to use effective legislation to prevent such abuse.
Firing an employee due to their medical regimen is a clear example of human rights abuse. Other states have already recognized this injustice. Arizona, Connecticut, Delaware, Maine, and Rhode Island have all passed measures to prevent medical marijuana patients from being unfairly fired. With this in mind, it would be perfectly reasonable for Ohio to follow suit.
Nevertheless, Ohio is not the only state to suffer from this neglect in duty. Multiple states with medical marijuana programs, including Michigan, California, Colorado, Montana, Oregon, and Washington, have also continued to allow firings based on a positive marijuana test. However, this only makes the violation more heinous.
With these state governments refusing to take action, it may be up to the federal government to establish protection for employed patients. Marijuana is currently listed as a Schedule I controlled substance, which means it is federally illegal and considered to have no medicinal value. As a result, federal laws like the Americans with Disabilities Act, which are ideally situated for protecting patients, do not apply to medical marijuana.
This may change if the U.S. Drug Enforcement Administration reschedules marijuana as a Schedule II controlled substance, which many speculate they will do. As a Schedule II drug, marijuana will be recognized as a medication under federal law. The move would also straighten out the legal discord between the states that have legalized marijuana and the federal government. Hopefully, change at the federal level will prompt lawmakers to recognize the errors in the current policy and extend ADA protections to medical marijuana patients.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Ohio's Medical Marijuana Law Will Not Protect Patients In The Workplace
Author: Guest Columnist
Contact: cleveland.com
Photo Credit: Marian Riker
Website: cleveland.com
While the bill states that patient information will be kept confidential, there is a failure to protect patients working in zero-tolerance companies that perform drug testing. This is a clear inconsistency in the legislation's logic. By mandating that such information should be confidential, lawmakers acknowledge that stigma surrounding marijuana can threaten a patient's livelihood. However, because the law doesn't intervene with drug-testing policies, patients can be discovered anyway and fired from their job.
The decision to test for marijuana is not supported by science. THC levels do not correlate with intoxication. This means that, unlike with alcohol, a marijuana test cannot quantify how intoxicated a user is. Further, since the rate of THC metabolism is fairly slow, users can test positive days after use. Workplace drug-testing programs generally use urine tests that can test positive 1 to 5 days after occasional use and 1 to 3 weeks in regular users. In other words, testing for marijuana does not determine if an employee is getting high on the job, only if they use the drug at all.
In truth, companies test for marijuana because there is still a stigma against its users. Numerous scientific studies have testified that marijuana has limited negative effects and is even beneficial for some patients. Despite this evidence, employers falsely assume that marijuana users will be less responsible or productive than the average employee. In other states with similar medical marijuana policies, patients have been fired due to this stigma.
In June of last year, for example, the Colorado Supreme Court upheld Dish Network's decision to fire Brandon Coats after he failed a random drug test in 2010. Coats, who became quadriplegic in a car accident, used marijuana off duty to control leg spasms. Even though Coats had a medical marijuana card, the court ruled that Dish Network was allowed to enforce its zero-tolerance drug policy because all marijuana use is still illegal under federal law.
Some may contend that it is not the government's place to dictate company policies. However, this is not a question of business or profit. This is a matter of antiquated employers refusing to accept scientific evidence at the expense of others. The first Guiding Principle in the 2013 U.S. Government Approach on Business and Human Rights states that governments have a "duty to protect against human rights abuse within their territory," which requires them to use effective legislation to prevent such abuse.
Firing an employee due to their medical regimen is a clear example of human rights abuse. Other states have already recognized this injustice. Arizona, Connecticut, Delaware, Maine, and Rhode Island have all passed measures to prevent medical marijuana patients from being unfairly fired. With this in mind, it would be perfectly reasonable for Ohio to follow suit.
Nevertheless, Ohio is not the only state to suffer from this neglect in duty. Multiple states with medical marijuana programs, including Michigan, California, Colorado, Montana, Oregon, and Washington, have also continued to allow firings based on a positive marijuana test. However, this only makes the violation more heinous.
With these state governments refusing to take action, it may be up to the federal government to establish protection for employed patients. Marijuana is currently listed as a Schedule I controlled substance, which means it is federally illegal and considered to have no medicinal value. As a result, federal laws like the Americans with Disabilities Act, which are ideally situated for protecting patients, do not apply to medical marijuana.
This may change if the U.S. Drug Enforcement Administration reschedules marijuana as a Schedule II controlled substance, which many speculate they will do. As a Schedule II drug, marijuana will be recognized as a medication under federal law. The move would also straighten out the legal discord between the states that have legalized marijuana and the federal government. Hopefully, change at the federal level will prompt lawmakers to recognize the errors in the current policy and extend ADA protections to medical marijuana patients.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Ohio's Medical Marijuana Law Will Not Protect Patients In The Workplace
Author: Guest Columnist
Contact: cleveland.com
Photo Credit: Marian Riker
Website: cleveland.com
