Only On The Left Coast
Don D
9,834 Posts
An Oregon appellate court recently reversed a trial court decision dismissing a claim brought by a medical marijuana user that his employer had not reasonaly accommodated him under state disability law when it terminated him for repeatedly failing drug tests.
Comments
Monday we terminated a D.O.T. driver for failing a drug test. He thinks it's not fair since he has Rhumatoid Arthritis and that's the only thing that helps him cope.
In other words, as I understand it, if the plaintiff prevails, that'll set a standard whereby it is perfectly alright to report to work with a 'buzz' and whistle and munch your way through the day. At least on the left coast, for the time being.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]
We also have the zero tolerance policy, but are weak with respect to training and drug testing policy.
I have poroposed some strengthening of our policy and training - time to up the priority before this happens to us.
I have had many employees come up positive for the drug or THC. I tell them that unless they can produce proof that they are authorized to be using the drug, we cannot continue their employment. No one has ever attempted to prove their right to be using the drug, of course!
Tina Marie
As to evidence, I don't know what happens to the original prescription, but since you cannot take it to the loca pharmacy to get it filled, I would think the individual receiving the prescription would have it.
I would ask to see the original and copy it.
Of course, you still have the issue of illegality at the federal level to deal with. So for some purposes, being legal at the state level would still be meaningless. So with DOT requirements and perhaps OSHA requirements, I am not sure whether or not it need be honored.
This will be the stuff of lawsuits as these laws are challenged in the courts.
Tina Marie
A funny story. My husband is a Kitchen Remodeler for a large retailer. He was doing a presentation in Eureka (the pot capital of CA) and as he was drawing up the kitchen he heard the customer light up - thinking it was a smoke until he heard the long drawn out inhale. My husband looked up, trying not to miss a beat and the customer politely offered him some. He politely declined and the customer went on to show him his card and the plants out in the back yard.
Have a good evening everyone!