Do medical marijuana laws impact company safety policies?
February 28, 2011 by Fred HosierPosted in: Alcohol/drugs, Injuries, Lawsuits, new court decision, Special Report, What do you think?
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Sixteen states now have medical marijuana laws. A Wal-Mart employee, fired after a positive post-injury drug test for marijuana, says his dismissal violated one of those state laws.
Joseph Casias injured his knee while working at a Wal-Mart in Battle Creek, MI.
He submitted to a post-injury drug test required by Wal-Mart. At the time, he disclosed his medical marijuana card to his supervisor and the testing laboratory.
Casias has sinus cancer, which is currently in remission, and an inoperable brain tumor. To treat the pain caused by both diseases, his doctor prescribed medical marijuana.
After testing positive for pot, Wal-Mart fired Casias, who filed a lawsuit claiming unlawful termination. He claimed he was protected under Michigan’s medical marijuana law.
Employment protection?
A federal court ruled that the state medical pot law only provided protection from arrest for use of the drug for medical purposes.
The judge wrote the law “says nothing about private employment rights. Nowhere does the [law] state that the statute regulates private employers, that private employees are protected from disciplinary action should they use medical marijuana, or that employers must accommodate the use of medical marijuana outside of the workplace.”
Casias has filed an appeal. He’s been unable to find another job.
This is the first case to address how Michigan’s medical pot law addresses employment relationships.
Bottom line for Michigan companies: It’s legal to have a policy that requires drug testing after an injury. If a drug test turns up positive for marijuana, it’s also legal to dismiss the employee, even if the person has a prescription for medical marijuana.
(Casias v. Wal-Mart Stores, U.S. Dist. Crt. W. Dist. of MI, No. 1:10-CV-781, 2/11/11)
What do you think about this case? Have governments and the judiciary struck the right balance regarding medical marijuana use through laws and court decisions such as this one? Let us know what you think in the Comments Box below.
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Tags: drug test, medical marijuana, unlawful termination, Wal-Mart
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February 28th, 2011 at 9:10 pm
To me, that appears to be discrimination based on a medical condition. The guy has cancer and a doctor prescribed a basically innocuous medication, and he got terminated for it? That is ridiculous. I sure am glad that I had my cancer when I was 2 years old.
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March 1st, 2011 at 12:45 pm
You know this is interesting. if i have an accident while at work and am on a prescribed narcotic, does that mean, because i will test positive, i will be fired also?
and walmart tests all prospective employees before they are hired. i am sure he tested positive before he was hired. he made it known that his doctor prescribed medical marijuana. they should not have hired him if they were worried about it.
March 1st, 2011 at 12:52 pm
I agree with the courts decision. Because it is prescribed for medical reasons doesn’t exempt one from other laws. Do you have the right to drive impaired? Prior to the accident, was Walmart aware of this prescription. They may have adjusted the work he was assigned to do. I don’t think I want the person working next to me to be stoned.
March 1st, 2011 at 12:54 pm
If the employee was responsible for the operation of heavy equipment, I support the removal. However, I think the employer should have offered the employee an alternative position, if available.
I know many medical marijuana patients do not have to get “high” for the drug to be effective for their pain or nausea relief. As long as the employee is able to safely perform his or her job, a positive test for marijuana when it is used as a prescription medicine should not be grounds for dismissal.
We do not dismiss employees for using codeine, oxycontin, darvon and other drugs even though they are capable of affecting mental performance to an even greater extent than medical marijuana.
March 1st, 2011 at 1:00 pm
It is a known fact documented by tests that marijuana impairs judgement and reaction time. The employee’s safety and the safety of co-workers should not come secondary to the right to use a prescription drug. There are a lot of legal prescription drugs that render a person unfit to drive or operate equipment. An employer should have the right to have rules that protect all employees’ safety and promote safe working conditions at all times. All work related injuried cannot be eliminated, but safety rules must be enforced. It is not a matter of discrimination but a matter of providing a safe working condition at all times for all employees. I don’t want an individual that is using marijuana driving forklift trucks or working with sharp tools and utility knifes or operating any other potentially harmful equipment.
March 1st, 2011 at 1:01 pm
I think that this is great. There should not be an allowance for “medical marijuana” or all will have that excuse. When on depressants such as marijuana the emmployee has a slower reaction rate and could cause injury to both himself and other co-workers. YEAH COURT… you got it RIGHT
March 1st, 2011 at 1:01 pm
To me it is very simple. Working under the influence of ANY drug, legal or otherwise, including alcohol is still under the influence. Hiding behind the term medical marijuana doe’s not make him any safer.
March 1st, 2011 at 1:06 pm
Approval by employer, in writing, needs to be a topic that doctors, state, employers, and those needing to use it for medical purposes talk about before usage of drug. That simple.
March 1st, 2011 at 1:10 pm
No employee should be allowed in the workplace while intoxicated or impared, regardless of the drug, illegal or legal. If the person is impared, he/she is a danger to him/herself and others. A person that requires a medication that impares function should be on a disability leave.
March 1st, 2011 at 1:10 pm
It appears that the “Law of Unintended Consequences” applies. We are sorry that the gentleman has inoperable brain cancer (the same disease killed our 37 year-old son); however, the workplace is no place for marijuana use.
March 1st, 2011 at 1:17 pm
I agree with Jason. What is there to keep employees from being fired of a “random” screening if they are legally prescribed medicine (of any sort)? I have to say, from a management perspective, that any employee prescribed judgment inhibiting medicines should inform their employer after filling the prescription(s) so that the employer has a chance to determine if the employee should be reassigned to job functions that do not pose a safety risk to the employee or fellow coworkers. I do not think, however, that a company should immediately terminate someone based on medical disability or the medicine prescribed to them.
March 1st, 2011 at 1:20 pm
Any drug, legal or not, is a safety hazard. In the refinery setting I work at, I do not want some pothead, legal or not, turning valves on 900 degree, high pressure, flammable liquids…
March 1st, 2011 at 1:24 pm
I think the company did the right thing. Jason, would it have been different had Joseph not had cancer? And where did you come up with the fact that marijuana in the “innocuous” medication? Marijuana, like many other pain killers, has a very good chance of having a harmful effect. It, like alcohol, is proven to slow reactions and impair judgment. If the Doctor says I can kill my pain be drinking, would that be fine with you? Would you think differently had someone else been hurt of killed because the individual was “high” on the medication?
March 1st, 2011 at 1:27 pm
Dave I share your perspective on this issue, “If the employee was responsible for the operation of heavy equipment, I support the removal. However, I think the employer should have offered the employee an alternative position, if available.” If the person cognitive ability is compromised they should be offered light duty or desk work. There is no correct answer on this. If the job requires heavy machinery manipulations it may not be a good idea to keep him on board. The liability or injury to other employees is more important. Here at work people get light duty if they are on medication. If they are affected by medications part of day then they can resume regular duty part of day.
March 1st, 2011 at 1:36 pm
Medical tests have determined the THC level that causes impairment. If the person is considered impaired he can be a safety threat to himself and other team members. Having said that, Medical THC (marijuana) should be treated the same as any other narcotic in that the team member should have explained to his supervisor that he was on medical marijuana and that he may need accommodations. Telling the supervisor after the fact is not in the best interest of anyone and it may have avoided an injury.
March 1st, 2011 at 1:37 pm
We have read the entire 20 page decision. The issues are straight-forward and turn on whether or not the MMMA (Michigan Medical Marijuana Act) applies to private employment. Clearly, according to the court’s decision, it does not. It is meant to provide protection from criminal penalties for the possession of the medical-prescribed marijuana. It is still a crime in Michigan to use marijuana.
March 1st, 2011 at 1:55 pm
It is not clear if he was ‘under’ the influence of the drug. (Medicine) I have to say that in this case to be fair, we need to know the amount in his system, was it what is considered enough to be affected or detected?
That would seem a big difference.
That, and he has a condition that if his Doctor considers it appropriate, then it is just like any other drug, it will be at either affected or detected levels, but it is a Health Care Providers consideration that it is a portion of treatment the individual needs.
If it is that the employee is affected, then that is an issue. One should not be allowed to be under the influence of a controlled substance while at work. In the midst of the public, no less, just not an acceptable risk any where… now, if it is only showing that sometime over the last so many days, he had ingested the drug, but was not under the influence, the level was too low, a level has to be known as a standard…. One would think so anyway…… he should not have been fired.
The private and public sector needs to work this out, just like so many of our problems, we ignore them and hope the offending items somehow evaporate…. Whatever the outcome, it should be legal, supported and, people should not have to second guess, additionally as was noted, he is now an unemployed citizen…. Just what we do not need in our current economy….
March 1st, 2011 at 1:56 pm
The issue here is not whether he was “prescribed” or not. Legalized marijuana at the state level is not a prescription, but a “get out of jail free” card. Prescriptions are regulated by the federal government, not the state. If he had a prescription for Marinol (synthetic THC based pill), he would have had a legal basis to fight for his job. Upon notification that he was under the influence of a federally prescribed narcotic, his employer would have had to make necessary concessions to keep himself and his coworkers safe. Perhaps it would have been time off or removing him from operating equipment, whatever the restrictions of the narcotic taken were.
There is a reason you can’t go to your pharmicist for marijuana…It’s illegal..and more importantly it is not a narcotic that qualifies as a prescription by the government. All states are doing is creating a loophole to allow persons who have a card to possess, grow and consume a small amount and be free of incarceration at the state level.
Fortunately, the DEA (federal) can still come to town and take your stash and throw you in jail should they deem it necessary.
March 1st, 2011 at 2:02 pm
I work in an industry where pre-employment, random, and post accident drug testing have become a way of life over the course of the last 15 years. Much of what we do is considered to be “safety sensitive” tasks and the result of someone performing these tasks in any way impaired could be catastrophic. Because of this, the industry as a whole has been requiring drug testing for many years and have seen extremely positive results in the accident rates of all. This was challenged many years ago as being discriminatory and was upheld as it is the employers right to determine what would be considered “safety sensitive”. If this individual was working in a capacity that had been deemed as being a position that required a “clean” drug test then the company has not only the right but the responsibility, as well, to ensure the safety of all other employees and operations. We are also confronted with the many Dr’s. that for the right amount of money will issue a medical marijuana card to basically anyone. I am a firm believer in drug testing in the workplace as being a strong avenue of accident and injury reduction.
March 1st, 2011 at 2:35 pm
if you take the specific drug used out of the equation, and just say the employee had a prescription drug that resulted in a positive drug test it becomes easier to discern the truth.
employees are allowed to have prescriptions for whatever ailment they have. they are not allowed to use them or be under the influence wherever and whenever they see fit. as stated above, driving under the influence of prescription meds is just as bad as driving under the infulence of alcohol or street drugs.
companies are allowed to not have the medicated employee in the work place if those prescriptions affect the employees ability to safely, effectively, coherently, and regularly do their job functions. if the employee can be moved to another position that enables them to do the work in the correct manner, then the employer and employee have the obligation to fulfill their duties.
until a failproof test for marijuana becomes available that will accurately determine if the employee has been using while at work or immediately prior to starting work will there be any help for the med. marijuana community. for now consider it illegal and remember its not generally allowed at workplaces, medically approved or not
March 1st, 2011 at 2:41 pm
Marijuana, whether medical or recreational, is not an inoccuous drug; it impairs the person using it, possibly rendering him/her incapable of safely performing their job. So, what if a person is high on medical cannibus, and in the process injures a co-worker because they were impaired in their work performance? Who then would be at fault, the worker who is “legally” high, or the employer who allowed it?
March 1st, 2011 at 2:58 pm
I think common sense would dictate that if the individual had been prescribed a medication, regardless of what it is, that it was provided under legal means. For example, had he been prescribed Vicodin, and tested positive for a narcotic, would he have been fired for that? Despite the fact that he was not under the influence of that drug during working hours or the time of his accident, the fact that he was legally prescribed this medication should prevent this individual from being terminated.
Now, if they found that the accident was a direct result of him using the marijuana (or any prescribed drug) then I would find that as cause for termination.
Again, common sense needs to play a part here, I think that this is simply a matter of someone being let go because of the specific drug, and its current political upheaval. I think that if it had been another prescribed drug, he would not have been fired.
Personally, I hope he wins the lawsuit.
March 1st, 2011 at 3:17 pm
Marijuana is basically an innocuous herb. It isn’t a drug, it is a plant, no chemicals added. If this employee was on a Motrin 800, which is a prescription medication, no questions would have been asked. If this person was on a prescribed harmful med, such as Vicoden or Oxycoton, would this same argument have byeen brought up? I think not. Marijuana, does not effect all people the same way. Personally, I can focus better, and accomplish more after smoking a joint. I have also replaced smoking cyanide, oops, I mean cigarettes, with marijuana, and I feel better. The safety issue I understand, its just too bad that someone had to lose their job over doing what the doctor prescribed for them to do. http://www.happygrass4u.com.
March 1st, 2011 at 3:21 pm
There is no medical test that can substantiate that the employee used on the job. This cause will be appealed and overturned in a higher court because the basis for the termination was a poorly executed drug test. That is, if this out of work employee can pay for an appeal and expert testimony which I doubt…chalk up another one for the establishment…
March 1st, 2011 at 3:21 pm
Medical marijuana is, as many point out, no different under the law than any other perscription pain reliever. In fact, no employer has an obligation to expose the company, other employees, the public or the employee himself to a significant hazard by allowing them to work with altered mental status.
Most companies work with medical professionals to make a determination as to whether the employee is fit for duty. If not, they can, and should be, sent home. When the condition improves, they may return. In some cases, light duty may be available. However, no company is obliged to “manufacture” a job for anyone.
In this case, the condition sounds like it is not likely to improve. Should Wal-Mart simply leave this person on the roster and send him home until benefits (if any) expire? Or does it serve the employee better to terminate and allow him to pursue unemployment or other jobless benefits?
The way it is portrayed, the person is being let go simply for failing a drug test. In fact, that is probably not the case.
March 1st, 2011 at 3:54 pm
I do believe the court got it right! In our company most employees are involved in “safety sensitive” functions and therefore any impairment would not endanger just the employee but also his co-workers and even the general public.
March 1st, 2011 at 3:59 pm
It’s not a prescription people!!! The doctor writes you a “recommendation” and you use this to file with the state to get your little card saying that you can (under state law) legally carry, consume and purchase *(at dispensaries NOT Pharmacies) marijuana. It’s not any more medical than the hash the stoners were selling in Highschool. It’s all a big shell game to allow the sale and use of weed. Do I believe it helps people with pain…Sure. So does alcohol. You can’t be drunk at work either. There are other options..People are always looking for a way to beat the system. If you want to smoke weed, go for it…Just don’t be employed anywhere that puts others at risk.
March 1st, 2011 at 4:05 pm
Amen Co Safety! Well put.
March 1st, 2011 at 4:36 pm
Everyone does have an opinion, I like that, respect the fact that we do, and are willing to hare that with others in the field.
This does need to have a lot of rework. I am not for or against any of this; all your opinions are valid. Some, a bit more serious, such as not at work, ever, never — Period. I sure support that and have no issue with ‘Safety Sensitive’ concept.
But, really we are just discussing one case, just one. We do not know all the facts, a poor investigation we have done…. but such is the way it goes at times, you need to work with what you have, because very really, that is all you have…..
So, this one case, at Wal-Mart, the gentleman injured his knee, probably not in a PIV, does not mention it. Does not say he was ‘High’ — he had THC in his blood; he has cancer of the cranium, I bet it hurts. He may or may not care about anything but pain reduction. What to do?
We should only look at the facts that this gentleman is injured. Happened on our watch, so -We get him to a Doctor, now we need get the facts, put him on plan to investigate in a dispassionate way, just what happened. He can indeed supply allot of the information to the investigative group, be a part of that. It does not guarantee a job after the investigation, but let it go through all the channels, get a good set of corrective actions and see where you are.
Let the State, be it at whatever level will deal with it- decide to deal with the issue of ‘medical marijuana’ THAT should and really is a decision of the people, like it or not, it is a thing that seems to change by degrees as different folks form the ‘plurality’ That is a beautiful thing about a country like this one…. as none before, over the course of time… can see that all that was, is changed and all that was changed will be new again one day…. Can we agree to simply take care of the person and not discharge them until the injury is corrected, and yes, corruption is out there, sure enough, but do we just accept it as the norm?
Anyway, I appreciate having you all out there, no one should suffer injury. No one should get hurt and nothing should be harmed.
The future does depend on us, and we owe it to that future. If not, why not?
Be Well
March 1st, 2011 at 4:38 pm
OOPS Mispelled Hear as hare…..
March 1st, 2011 at 5:21 pm
It is too bad this gentleman has cancer…my wife has had breast cancer for 6 years and I have lived that with her.
However, when he feels that he has the right to use THC in the workplace, this becomes very problematic.
First, it is a safety hazard not only to himself but to those around him. If he is operating a forklift, he is doing so impaired - no different than using vicoten (sp?) for pain relief.
Secondly, it is a worker’s comp issue. Because it is risky to allow someone to work while impaired, companies will find it more expensive to insure their business if at all while carrying a sympathetic policy for allowing employees to work while impaired.
Lastly, THC testing does not necessarily let you know how long ago the subject has taken the drug - only that the subject has taken it. It would be difficult to know just how impaired the subject is. Shall we take their word for having taken it the night before when they really took it in the parking lot? At least this gentleman had a valid reason…many do not and get their cards illicitly.
If someone you work with involved you in an accident while they were impaired, would you sue your employer for having a policy that allowed the use of that drug even if used for a medical condition?
March 1st, 2011 at 5:47 pm
I have always kept my opinions to this matter to myself, and for the first time want to share them with all concerned. First part of my responsibilities involve both the Workplace Drug Free Program as well as the current safety manager (last 5 years). At this company we have not had an incident in the last 5 years-over 600,000 labor hours of production time and do pre-employment , post accident, as well as reasonable suspicion testing —- I take my job very seriously—. On the flip side i have smoked marijuana everyday for the last 30 years. A lot of people that are not familiar with- just do not understand. If i choose that after my children are put to bed and i want to go outside and light one up it is no sin. If i was to be tested i am sure sure that it would come back positive. I also am sure that i have never had one moment at work that i was “impaired”. I have seen a lot of people come and go with alcohol/prescption drug and some illegal drug problems, and can honestly say that the group of people that i associate with including but not limited to lawyers, doctors, business professionals feel the same way. The problem is not marijuana-used at the right time in a safe manner has no affect on anyone else, but if tested we would all be fired? Just like everything else it is up to each individual. I would always prefer to be working next to someone who smoked a joint last night as opposed to someone who drank a 12 pack. The point i am trying to make is that marijuana can be used in a safe manner. And a lot of people do not understand or want to understand this.
March 1st, 2011 at 6:58 pm
Thanks Robert! I do apologize (slightly) for being so passionate. I work in an industry/facility where the potential for a critical injury exists at every turn and teammate awareness is paramount. I have been involved in two terminations involving card carrying “medical” marijuana users. I have researched this thoroughly and even involved local, state and federal resources prior to our final decision. The most thorough precedence for this was established in :
Ross v. Ragingwire Telecommunications, Inc.
Google it and it will all be clear as mud! Have a good night everyone.
March 1st, 2011 at 7:09 pm
Here we go again.
The issue is impairment. If we truly are concerned about impairment, and not weed, then let us look at impairment.
I am a retired aviation safety consultant and pilot examiner. As one of only 3 CSPs in the military before retiring in 2001, I was part of a national task force for the Army and AirForce at National Guard Bureau in Washington in late 1998. The goal was to investigate vehicle fatalities in the service. With no war at that time, vehicles were causing an alarming number of fatalities in the military.
Alcohol, fatigue and risky behavior were most often cited as contributing factors; cannabis (AKA Marijuana) was not. This was further confirmed by NTSB statistical analysis and NHTSA studies published around 2002 or 2003. Analysis of body fluids in several thousand single vehicle fatalities were analyzed. There was no statistical difference in those with metabolites of cannabis and those without.
The same is demonstrated in simulator tests where impairment was measured with specially designed automobiles over measured distance courses. Some small differences are noted in lane tracking however, the differences are again not statistically significant; in other words, they will not stand up in a court of law as being ‘causative’.
Even more significant was the results of simulator tests. The newest full motion simulators can be used to issue a pilots rating to a certificate now without ever getting off the ground. These simulators use both human and electronic measuring of the occupants response to situations. Persons have been tested immediately after ingesting cannabis and for those who use it daily, significant impairment is NOT demonstrated. In other words, the test subjects perform as well as others in the test. Other factors, including judgment, also do not seem to be affected.
An example is the decision whether or not to proceed when the traffic signal turns yellow..speed, distance, other traffic all affect the decision process and unlike alcohol, cannabis does not change the process measurably.
The effect of Delta 9 THC is most pronounced for 30-45 minutes after cannabis is used. Test measure metabolites of cannabis. You are testing the by-product of the medication and it is not impairing, it only signals that a person has used cannabis in the past. Problem is, it could have been several weeks ago.
Judging by the comments, I think the bottom line is more affected by your attitude toward weed than your actual concern for workers safety.
For more information, see the results of the 10 years of clinical trials released by the UC School of Medicine last February. Because of the results of that study, the VA has issued a directive on cannabis use. It can be found at VA 2010-035.
I was involved in the development of drug testing protocols for
March 1st, 2011 at 7:39 pm
The Arizona Medical Marijuana law does provide for protection of the Medical Marijuana user unlike the Michigan law. The employee can not be under the influence while on duty and can not be in possession of the marijuana in the workplace. Additionally, at this time the State of Arizona is taking the position that a person who is driving or in control of a motor vehicle with a metabolite in thier system is guilty of DUI pursuant to A.R.S. § 28-1381(A)(3). The State also is taking the position that the law does not effect drivers with a CDL since those are governed by Federal law and marijuana is a controlled substance under the “Controlled Substance Act”.
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March 1st, 2011 at 9:35 pm
Here we go again.
The issue is impairment. If we truly are concerned about impairment, and not weed, then let us look at impairment.
I am a retired aviation safety consultant and pilot examiner. As one of only 3 CSPs in the military before retiring in 2001, I was part of a national task force for the Army and AirForce at National Guard Bureau in Washington in late 1998. The goal was to investigate vehicle fatalities in the service. With no war at that time, vehicles were causing an alarming number of fatalities in the military.
Alcohol, fatigue and risky behavior were most often cited as contributing factors; cannabis (AKA Marijuana) was not. This was further confirmed by NTSB statistical analysis and NHTSA studies published around 2002 or 2003. Analysis of body fluids in several thousand single vehicle fatalities were analyzed. There was no statistical difference in those with metabolites of cannabis and those without.
The same is demonstrated in simulator tests where impairment was measured with specially designed automobiles over measured distance courses. Some small differences are noted in lane tracking however, the differences are again not statistically significant; in other words, they will not stand up in a court of law as being ‘causative’.
Even more significant was the results of simulator tests. The newest full motion simulators can be used to issue a pilots rating to a certificate now without ever getting off the ground. These simulators use both human and electronic measuring of the occupants response to situations. Persons have been tested immediately after ingesting cannabis and for those who use it daily, significant impairment is NOT demonstrated. In other words, the test subjects perform as well as others in the test. Other factors, including judgment, also do not seem to be affected.
An example is the decision whether or not to proceed when the traffic signal turns yellow..speed, distance, other traffic all affect the decision process and unlike alcohol, cannabis does not change the process measurably.
The effect of Delta 9 THC is most pronounced for 30-45 minutes after cannabis is used. Test measure metabolites of cannabis. You are testing the by-product of the medication and it is not impairing, it only signals that a person has used cannabis in the past. Problem is, it could have been several weeks ago.
Judging by the comments, I think the bottom line is more affected by your attitude toward weed than your actual concern for workers safety.
For more information, see the results of the 10 years of clinical trials released by the UC School of Medicine last February. Because of the results of that study, the VA has issued a directive on cannabis use. It can be found at VA 2010-035.
March 1st, 2011 at 10:19 pm
Nowhere did it say that the employee was ‘stoned’ while he was working.
Marijuana is going to stay in the blood stream long enough to test + long after the fact.
Let’s say he was not high on the job…
Did anyone ask?
According to NORML, pot smokes are actually better employees!
March 2nd, 2011 at 9:38 am
I see a lot of assumptions here. You know what they say about assuming, “they make an ____ out of you and me”. The majority of you are assuming that he was under the influence while on the job. How do you know for sure? The effects of pot where off people. If this poor guy who is suffering from a brain cnacer wants to use his physician prescribed medical marijuana when he gets home then so be it. I do not have an issue with that and neither should anyone else. Now if this guys is under the influence while at work, then that is a totally different story. If he is toking it up behind the Wal-Mart then yeah that is an issue.
Why is everyone so quick to judge? Before you start casting stones you should really know your facts. The use of medical marijuana for relief of pain or other medical condition should be treated as any other narcotic that is prescribed by licensed heatlh care practitioner and that the employee is not report to work under the influence and use his prescrption responsibily. The other thing you should realize before throwing this poor guy under the bus is that he was working at WAL-MART, it’s not like he was working in a refinery where one minor msitake or lapse of judgement would kill him or many others. For all we know he was a greeter. Really people!
Didn’t your parents or at the very least your understanding of a proper accident investigation ever tell you to get all the facts before you decide this man’s fate and really who are you to judge!!
March 2nd, 2011 at 1:20 pm
I really enjoyed Perry Parks’ comment. It is extremely factual and not at all opinionated. If you have never tried marijuanna, or have had any experience with the substance, then you really don’t have all of the information. I perform the drug testing where I work at, and I know exactly how the procedure works. The drug testing laboratory requires a daytime and evening phone number from the donar so they can contact them if something shows up as positive. I cannot receive any of this information until they speak with the donar. If the donar has a valid prescription for what has shown up as positive, then the test comes back to us, the employer, as completely negative. We will never know that anything came up. How is this any different than being prescribed marijuanna? Im pretty sure someone that is prescribed morphine or Dilaudid is way more impaired than someone that smoked a joint 2 weeks ago. I think what happened to this poor guy is that Walmart seen marijuanna on his test, and just canned his ass. But that’s Walmart for ya.
March 2nd, 2011 at 2:30 pm
Any employee that is prscribed an mind altering drug needs to notify his/her employer immediately. Those drugs that are considered by the Federal Government as illegal are still illegal. I know that in the company I work for illegal drug use on the job is a termination with no ands or buts about it. I do not want to work with someone that is impaired even in the slightest. It could cost me my life.
I agree with the court decision.
March 2nd, 2011 at 2:59 pm
marijuana is interesting in the drug testing scenario too.
most narcotics are water-soluble and have a short half-life in the human body. Typically for a drug test to detect them, they have to have been used in the previous 72 hours.
THC is fat-soluble and has a long half-life. It can be detected by standard drug screens for up to 60 DAYS after it is used.
Obviously, in both cases, standard urinalysis screening can not tell you if the person was impaired when they were injured. Even with narcotics, the test can tell you long after any impairment wears off that narcotics were used. It doesn’t tell you when.
I support the goal of a drug-free workplace. I don’t want to work around anyone who is impaired. But urinalysis testing for marijuana is a poor tool to tell if someone is impaired or not.
March 2nd, 2011 at 3:54 pm
How can anyone know that this man was Stoned on the job.Marijuana can stay in a Chronic Smokers system for several weeks.That does not mean they are impaired. This should be treated no differently than any other prescribed narcotic. If he did the responsible thing and smoked his prescribed Marijuana at home after work then he nor anyone that works with him would be in any danger on the job. Millions of people every day consume more than the legal limit of Alcohol after work (Happy Hour) and come in the next day under the legal limit.However being hung over at work can defineately be a Safety Hazard.
March 2nd, 2011 at 6:10 pm
Being from California this result is very disappointing. You have a patient that is in remission…remission for his cancer! They should have offered him a different position with in the company. Being stoned doesnt mean you can’t function. We all have a different tolerance for pain and for some that are in serious pain marijuana helps bring them to a normal level where most of us ” normal people” can’t even function on a regular day! I think his work history should have been the determining factor for his termanation. Besides who can take Wal-mart seriously? They are only out to protect themselves. His supervisor knew about his condition, let him work through it and when he got hurt played dumb? That supervisor should get fired! You can’t trust a man who looks you in the eye and shakes your hand in agreement, then walk away from you when you needed thier help!!
March 2nd, 2011 at 10:22 pm
I think the most overlooked, and most important part of the “medical-marijuana in the workplace” scenario is the fact that most people don’t go to work stoned. Marijuana is a prescribed medicine; If people wouldn’t operate heavy machinery under the influence of prescription drugs, then they wouldn’t do it high. So what makes it so different from the pills you get from your doctor? Well for one, it won’t give your liver damage, and the risk of overdose is all but non-existent..etc. Aside from that, the taboo behind Cannabis has been the biggest inhibitor to the acceptance of this wonderful plant into society. People need to wake up, and accept this as a fact of life.
March 3rd, 2011 at 9:10 am
Pat, could you please provide the case that determined that cannabis impairs judgment and reaction time. I have access to many studies but have not seen that one.
Also, it may be worthwhile to look at marinol side effects since it is a synthetic drug similar to cannabis.
They are quite simple, do not operate until you have determined that you can do so safely.
March 3rd, 2011 at 9:15 pm
Well here is a sticky subject for most.
The bottom line is did Walmart know of his prescription and did they let the employee know what actions were or might be taken if tested positive?
Taking Medical marijuana after working hours is legal in most cases, the real question is was the user actually under the influence while at work. Most users partake after hours to control the pain they build up during the day. Most users do not smoke but use an ademiser to vaporize the TLC that is needed.
The effects of the drug wears off pretty fast but the chemical portion stays in the system to help with the pain.
The individual was probably fit and able to function their job without putting anyone else in danger but it sounds as if Walmart used the accident and the Drug use as a way to remove the employee so that they would not accrue any more costs if the cancer returned.
Do I agree with the courts ruling? Yes I do, they are following the law as it is written pertaining to drug use lawful or unlawful.
Can there be some clarification regarding to Medical Use? Yes, there needs to be but the employer should be able to determine if they will allow it or not.
March 6th, 2011 at 9:56 am
I was fired for drug test , mmj , have a state issued card , and was not impaired at work . Where is justice ? I wish to work and now I am having trouble because of the lack of proper testing . I was a good . steady . and reliable employee . Hopefully the feds will legalize pot in 2011 , and that will change the workplace .
March 7th, 2011 at 10:33 am
So we have just learned the down side to medical marijuana use is that you can be FIRED even with a perscription. Time for law enforcement to come up with a level in the blood stream at which one is considered “high” (such as 0.1 with alcohol).
I think the only case this gentelman has is that he did inform his immediate supervisor(s) who obviously did not talk to upper management. To be fair, he should be given the option to stop taking the medical marijuana and return to work once they consider him sober. I’m sure their are plenty of other pain control medications that are just as effective as marijuana without the stigma associated with the drug.
March 7th, 2011 at 1:37 pm
EVERYONE fails to notice that if you take a pain pill it stays in your system for 3 days for the drug test, If you take THC it can be in your system up to 3 months, its according to your fat. BUT, they only stay active for pain relieve for 4 to 6 hrs. So what is there to say that the person only uses at home and not on the job. AKA like a prescription sleeping pill that is only taken at night or any prescription. But they get tested and all this shows up. UNFAIR if the person has a any perscription and dont use on the job. FIRED for taking meds…that is really a shame.
March 7th, 2011 at 2:25 pm
You act like you like to pay for tests. If you are working around someone that uses pot off work hrs , you are saying you cant tell if they are impaired without a drug and alcohol test. It makes employers look like fools .
March 7th, 2011 at 3:39 pm
Reading through some of the responses, I get the impression that some of the responders would have no one that works be allowed to seek relief from their pains through medication. Whether they know it or not, many people are functioning in their daily lives with the aid of medications to include pain meds, blood pressure meds and psych meds. To terminate or not allow any employee back to work that can’t give a “clean UA” would certainly create a lot of empty positions as well as a huge burden on our welfare roles. Workmans comp would expand greatly. I could have been terminated for the Oxycodone in my UA after an accident. Fortunately I have a high tolerance for pain and I regulated my pain with a small dose which did not affect my job performance. Also the fact that a toke last week resulting in a dirty UA is not sorting out an impaired worker. On another facit, an employee that got a good night sleep with the aid of a narcotic to calm his or her pain will more likely be able to function better than one that didn’t sleep because they toughed it out.
March 8th, 2011 at 2:04 pm
Unfortunately Ive had to recently let a worker go here in Washington state, after a suspicion test resulted in a positive result. The worker obtained a “medical prescription” for marijuana immediately after his/her test. That did not guarantee them job security. A re-entry program was offered but not accepted.
Here in Washington, the laws are still in adolescent stage. The way I see it, until there is a test that can determine the time in which someone is impaired or stoned, like the alcohol breath-alyzer does. Legal users will still be subject to the negative 1920′s era thinking, that marijuana is bad!
Realize that big business, especially BIG DRUG BUSINESS rules our world!!
At present time medical marijuana patients are the pharmaceutical industry’s biggest threat, no longer the FDA or class action lawyers. Also, understand that drug company reps visit doctors, their workplaces, and their supervisors on a weekly or monthly basis. (ever been given a sample of a medication for free, and wondered why?) The drug companies want you to use their narcotic pain medication, or any they make and sell! The co. reps make deals with the Dr’s, prescribe more of our meds and we will give you this key piece of equipment you need in your office! They will buy lunch or treat your whole office to dinner just to get you some education on the benefits of prescribing medicines that they make! Most of these drug companies are either partners with medical testing manufacturers, actually manufacture other needed medical items, thus making it almost impossible to say “NO”! Not to mention they recruit better than average looking people tall in height to be a representative!! JUST SAYING…
March 29th, 2011 at 3:33 pm
if a doctor orders a person off of work for a given time frame, that person is eligible to collect disability during that period. so, if a doctor is prescribing a medication(i.e. marijuana) that renders the patient unable to lawfully perform his/her usual job activities, then why would that patient not be able to collect disability benifits for the period of use the prescribing doctor deemed the patient reliant on said medication?
April 5th, 2011 at 10:27 am
First of all I do not condone any use of drugs at all. That being said, how do we know when the individual used marijuana? What an individual does on their own time and does not effect the performance of their duties should be none of the employer’s business. A prescription or recommendation gives the individual the legal right to possess and use the product, but not during work or directly before work. This particular individual worked at Wal-Mart…they didn’t need another greeter or cashier. Who said he operated equipment? Drug use prescribed or not is and should be prohibited at all times. I personally do not use drugs, prescribed or not, but it is MY OPINION and only my opinion, that I would prefer to have someone working beside me that smoked a joint last week then someone who tied one on all night and finished up around 6am and then headed to work after a quick shower. Also don’t really want the individual who hasn’t slept standing beside me either…point being these are things that impair your judgment. If the individual was not impaired, I’m sure they could have had another greeter and Wal-Mart can certainly always use cashiers…I’m tired of standing in line or checking myself out after I give them my money!