Medical marijuana vs. workplace safety: Cloud of confusion?
May 3, 2010 by Fred HosierPosted in: Alcohol/drugs, Special Report, What do you think?, Worker health
Marijuana is now legal as a prescription painkiller in 14 states. But what if you have a drug-free-workplace policy?
When it comes to HR policies, companies in some states find the situation to be complicated.
But the good news is that when it comes to safety, companies’ rights are more clear — at least somewhat.
Seven medical marijuana states include employee protections. Only on-the-job consumption or impairment can be grounds for termination in Colorado, Hawaii, Michigan, Montana, New Jersey, New Mexico and Vermont.
Two more states, Rhode Island and Maine, have other explicit protections for medical marijuana patients.
On the other hand, in California, the state supreme court has ruled that drug testing for marijuana is legal and that firing an employee for medical marijuana use, even outside the workplace, isn’t discrimination.
When it comes to safety, federal regulations can come into play.
OSHA’s General Duty Clause states that all employers must provide a safe work environment to employees. So if it can be shown that an employee’s impairment is a danger to himself or other workers, a company can suspend or fire the worker.
On top of that, the federal Department of Transportation issued new guidelines last year that prohibit the use of medical marijuana for transportation workers in safety-sensitive jobs, including pilots, school bus drivers, truck drivers, subway operators, ship captains and transit security workers who are armed.
As courts rule on worker lawsuits against companies over the issue of medical marijuana, employers will receive more guidance.
Until then, this is a case where it’s good to get legal counsel involved before taking action.
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Tags: drug-free workplace, medical marijuana, prescription painkiller
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May 3rd, 2010 at 6:11 am
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May 3rd, 2010 at 7:41 am
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May 3rd, 2010 at 9:22 pm
Dear Sir:
As a retired Corporate Safety Director for a company with over 40,000 employees, I have long had an interest in the subject of impairment..especially cannabis.
I have access to several years of drug testing that statistically would indicate drug use in accidents is not only inaccurate; it’s use as a “cause” of workplace incidents is totally without merit.
Our company also operated a large fleet (450+) CDL operated vehicles.
As the director of safety, I was responsible for the substance abuse policies in the work place but also had responsibility for maintaining drivers files and testing federal drug testing including random for the CDL drivers.
We had 450 employees in one division. Post accident, the most accurate of all tests, since others, ie pre-employment, for cause, reasonable suspicion, etc are often adulterated. Since I or one of my managers accompanied the employee to the occupational health clinic immediately following the incident in most cases for the test, there is no opportunity to use any adulterant. That years results showed that of 198 reportable accidents where the employee had to be taken to a clinic for accidents, two were positive..one for opiates and one for multiple substances
If we were to take the testing industry claim that impaired workers are 2.6 times more likely to cause a work related injury and 24% of drug users are employed (about 125 in our case) then the test results indicate the reverse..users are very cautious or work more safely.
Before you think this is an anomaly, I have continuing years of data from Lab Corps and the rest of the “drug free work-place” vendors that reflect the same trend, the drugs are not causal agents, as those who have tried to prove such in a court of law have found.
One of the legal problems in the cannabis debate is determining impairment..for all, especially those who use regularly, as in medical use. It is difficult to find any significant difference in test subjects and control subjects.
For more, see the data from a two year study by the NTSB around 2003 examining thousands of auto accidents that fail to find significant impairment from cannabis.
In NC this year, the Lab Corps CEO was fifth highest paid exec in the state.
Medical use of cannabis is much safer than the narcotics you are “comfortable” with.
May 3rd, 2010 at 11:37 pm
[...] Medical marijuana vs. workplace safety: Cloud of confusion … [...]
May 4th, 2010 at 8:48 am
How is this different than any other legal medication that could cause imparement? It will be controlled by prescription.
There are already plenty of pain killers and such that warning against driving or operating machinery. This is just another classic case where the simple solution would be to treat this the same as other legal drugs that do impare function, but instead, because it’s marijuana, we’ll have to run around trying to enact “new” regulations to cover this “unique” medication.
Yes, blondie, it’s a medication when used to treat a legimate disease under the care of a doctor. Lots of legimate medications get abused. Just ask Rush. That is no reason not to make them available (and I’m not implying the writer was even suggesting that course of action).
So, on the surface the premise of the article seems timely. But with any reasoning ability at all, medical marijuana would simply be seen as any other legimate medication, with side effects that would impose certain limations on the user. Like don’t drive.
As a society, we are such dumb asses.
May 4th, 2010 at 8:56 am
It’s a pain killer co treat it as such. What light duty job could be performed safely? I wouldn’t want a worker w/ a good buzz going waving a flag.
May 4th, 2010 at 9:35 am
I agree with Steve, how ignorant are we! Does anyone know how many millions of dollars will be spent on this debate, when in fact all our drug free work place programs already address prescription drug use. Bottom line “This issue is a waste of time and money!”. I guess we feel the need to waste as much money and time as the federal government did with drugs in baseball!!!! Lets wake up…. the issue of drugs in baseball has already been addressed by laws and programs such as drug free work place. The athlete have been abusing controlled substances in most cases without prescriptions or doctor orders. They should be charged and sentenced accordingly. No need to waste time and money. Medical marijuana is a prescription drug already addressed by your drug free work place program. Accept it act accordingly and quite the belly aching.
May 4th, 2010 at 11:02 am
I agree with Steve. My allergy and migraine medications contain warnings against driving and operating machinery because they can cause drowsiness. My employer’s policy requires me to notify my supervisor when I’m taking any drug that may affect my work performance. Medical marijuana should be treated the same way.
May 4th, 2010 at 11:24 am
Perry,
Very good information. Last year, the company where I worked moved to on-site random testing, and pre-hire for all but CDL drivers. We have found a much higher positive rate. I wonder about the CDL personnel accuracy.
MAC
May 4th, 2010 at 11:24 am
perry parks, thank you for your information.
For some time I have maintained that is is about “impairment.” However, it usually turns into an argument concerning the legality of marijuana. When an accident occurs, I more often hear that someone was “tired” or “not feeling well” prior to the accident. They may have taken over the counter meds that made them tired, or they may have attended a family celebration the night before. Unfortunately, we tend to allow co-workers to work around us when they are not “up to speed.” We tend to become complacent ourselves and push the envelope when we are in the same situation.
The safety culture that we are striving to set up is one where we take responsibility for our selves and encourage each other to not take unwarranted risks. The company has to support such a culture, by allowing workers to call off sick or having a process where employees can take less risky assignements when they are “under the weather.” Certainly if someone is “under the weather” a lot, then they should be referred to EAP and be subject to being evaluated for fitness for duty. I tend to find that the companies that claim a safety culture do little to encourage responsibility and spend most of their energy and resources on testing for drugs and enforcing accountability.
May 4th, 2010 at 11:32 am
I agree with Steve 100%.
May 4th, 2010 at 11:35 am
I agree with both of your comments. Especially Steve’s last comment!!!!
May 4th, 2010 at 12:05 pm
If you want the doctor’s limitations, you can check the warnings that are included with “Marinol”, one of the medical components of the plant that is made with a synthetic compound (Delta 9 THC) and has similar side effects. The Warning is copied below:
“Patients receiving treatment with MARINOL Capsules should be specifically warned not to drive, operate machinery, or engage in any hazardous activity until it is established that they are able to tolerate the drug and to perform such tasks safely.”
May 4th, 2010 at 12:12 pm
Right on Steve! Medical marijuana would be included with other prohibited prescription medications when performing a safety sensitive function.
May 4th, 2010 at 12:15 pm
Gentlepeople
As already pointed out, IF the issue is “impaired” performance undermining safety…do you really beleive and/or mean to suggest that MANY of the prescription medications provided by the pharmecutical corporations, from which they derive millions, to billions, in sales and profits, from pain relievers of varying intensities, to muscle relaxers, to “nerve pills” or other mood altering or sedative affects do not have the same potential impact on safety concers?!
It would seem that you are being “sucked into” the typical “status” position advocated by the “pharm industry,” which is that a substance is “fine” as long as THEY can control its delivery to the public and derive huge profits…but if it falls outside their manufacturing process (as with the genetic research companies who are trying to PATENT the DNA of individuals merely because they test for it…), then it should be illegal. Since the states, which seem less controlled by the pharm industry than does Washington, are now “workiing around” this process, obviously, another approach is required to protect their money!
May 4th, 2010 at 12:37 pm
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May 4th, 2010 at 1:22 pm
I also like the end of the article..
“As courts rule on worker lawsuits against companies over the issue of medical marijuana, employers will receive more guidance.
Until then, this is a case where it’s good to get legal counsel involved before taking action.”
Here we go again legalized marijuana should be treated as is all prescription drugs, however even though it is the completely logical direction to go, you should contact your laywer (at a heffty price) prior to taking any action.
May 4th, 2010 at 1:38 pm
There are issues that are easily overlooked. In my experiences, medical THC users were most likely users prior to their medical use. Often found to be non-conformist in one form or another. Not normally the best of employees. So look at performance, tardiness, call-ins, etc.; the pattern is often very revealing. And simple!!
It is unfortunate that any employee comes to work in a state less that fully capable of performing duties safely; for any reason. Good supervision can really enhance prevention; which is the key.
A simple issue should remain as such.
May 4th, 2010 at 1:50 pm
The title of the article says it all — “Medical marijuana…” Steve, Jen, Mike, Nomi and most others agree that it should be treated as any other prescription drug. Let of of the myths and hysteria and let’s expend our energy on something more important.
May 4th, 2010 at 1:55 pm
Sorry — ‘Let go of the myths…”
May 4th, 2010 at 3:41 pm
The thing about drug screening and marijuana is sinceTHC metabolizes in fat and is detectable in urine for days or weeks after impairment has worn off, even if a worker uses the drug legally he/she may test positive without actually being under the influence. There is a reliable saliva test available that confirms use within the more recent past that would be much more logical to use if employers are trying to identify workers who are actually impaired on the job.
May 4th, 2010 at 4:13 pm
I think so are missing one factor concerning MJ. It’s not water soluble and accumulates in the fat cells and therefore is not flushed very quickly like cocaine, amphetamine, opiates, etc. Need I remind you that MJ can take up to 60 days after the last use for a subject to test clean in very heavy smokers and hash oil users. When monitoring patients that smoke MJ it’s possible to tell if they are still using as the levels will continue to rise when their intake remains consistent (not scientific, just my 30 years of practical experience as a SA professional and drug testing consultant.) The conclusion is that over time they will eventually become a danger to themselves or others due strictly to THC levels reaching morbidity for their age, weight and physical condition.
Medical MJ does have its place for individuals that suffer from glaucoma, chemo after-effects, etc. and the reason MJ works well is for the reasons noted above, i.e., long lasing effects where opiates have a short half-life.
As Ed notes: “A simple issue should remain as such” or paraphrasing Ockham’s Razor: the simplest solution is usually the correct one.
May 4th, 2010 at 6:04 pm
Dan,
What data could you possibly using? Many workers today are late, have poor attendance and it doesn’t have anything to do with marijuana. It simply is the growing trend, the government provides way too many benefits for those who choose to sit on their butts. To say that most abused it before getting it legally is the typical argument and biased and being non-conformist, come on that is at best a judgmental point of view and has nothing to do with this argument. If a cancer stricken patient who uses it to maybe eat regularly and still wants to work so be it. Shouldn’t be penalized if they aren’t posing a safety risk. Give that reasoning a rest.
May 4th, 2010 at 6:09 pm
As for myths, dan may enjoy a report produced by the DEA. In 1998, the DEA funded a survey of 40,000 white collar and professional employees to show that those using illegal substances were “losers”. Instead, they were required to amend the slogan to “some users are winners” and they had no idea why. They quoted a “heart neurosurgeon who used cannabis to relax”. You can still access the report if you search for the study.
After the results were reviewed, the DEA had to revise their slogan. 71% of the professionals either had or “currently” used illegal drugs.
So I agree with Dan, look for other symptoms of poor work habits and document the shortcomings..some of those will be users..some will not.
May 5th, 2010 at 8:21 am
Marijuana is great for recreational use too!
May 5th, 2010 at 3:54 pm
SS Sally: Recreational use is your choice but when you come to work and it’s still active in your brain then you become our problem if you have any type of job that requires due diligence…unless of course if you work at a convenience store and walk to and from work.
May 5th, 2010 at 4:04 pm
I hope that those of you that are advocating looking askew about marijuana and it’s mind altering effects don’t have a job that requires you to carry and use a gun or drive an CMV. Obviously you have never had any experience and no knowledge about getting stoned. Ask a vet about that relative to combat, especially in Viet Nam. I could care less about survival when stoned. It does alter consciousness so don’t feed me any bogus crap about “it’s no bid deal.” It is a big deal as is any misuse of legal drugs and alcohol.
May 5th, 2010 at 4:27 pm
dan, are you serious in your statement “In my experiences, medical THC users were most likely users prior to their medical use. Often found to be non-conformist in one form or another. Not normally the best of employees. So look at performance, tardiness, call-ins, etc.; the pattern is often very revealing. And simple!!
Treat it as anyother precription medicine.
Dan hopefully no one you know and love ever gets cancer, you need to get out of the bubble boy…
I would suggest you study the subject of marijuana and hemp crops and look at what the United States is missing out on. Or do you like our country being less that it could be and and able to have a huge decrease in crime by legalizing something that has never been proven to cause any health problems like the now legal alcohol americans consume, not to mention they kill others while under the influence and themselves.
May 5th, 2010 at 4:51 pm
Is NORML still in existence?
May 5th, 2010 at 5:03 pm
Marty, the key word in your post is “misuse”.
May 5th, 2010 at 6:48 pm
The difference amidst amateur consumption and medical employment of cannabis begs to be acknowledged. While I think that a responsible adult should have the right to use marijuana recreationally, I do think, without doubt, allowing for a sick person use of a plant with a long history of medical value should be accepted and legal. Marijuana has a enormous potential as a medicine and more awareness and tolerance is called for. In Summary, legalize it!
May 6th, 2010 at 8:41 am
Marty, I am a retired corporate and airline pilot. I also flew helicopters in VN for 30 months, the last 18 as the chief of flight standardization for the 101st Airborne Division. I was also designated as a pilot examiner (DPE) by the FAA in 1982 were I served for 22 years issuing pilot licenses.
In 1977, I was hired as a senior instructor pilot for bell helicopter and taught Iranian military pilots for the next two years. until the shah was overthrown.
The point I’m making is that during all those years, I had to keep my mouth shut when I heard rants like yours. You should really look up the 1998 study mentioned above when the DEA paid for the study of professionals.
Look for situations where, in simulators, so called “stoned” subjects perform with statistically no difference as “straight” subjects. If you google marijuana and driving, you will see many studies where impairment is “not” demonstrated to any extent greater than any other substance used for the same purposes.
May 6th, 2010 at 9:44 am
If it is a legal prescription, treat it as such…let’s move on.
May 6th, 2010 at 1:58 pm
agreed (moving on) I’ve been retired and out of the argument for three years now..before I move on, yes, NORML still exist but I suggest MMP (Marijuana Policy Project) for latest on legal and other issues regarding cannabis.
And for those still in the rat race, insist on legitimate evidence for policy..all policy..not numbers published by ONDCP or the long list of others whose cause is many times sincere, but unable to distinguish fact from fiction.
As for the battle, it is with the enforcement bureauracy…and I mean big government, big business, and the illegal drug cartels when I mention bureaucracy.
As Upton Sinclair said: “It is difficult to get a man to understand something when his salary depends on his not understanding it”.
Cheers to all..one day it will happen..retirement.
To see more of my last endeavors, see http://www.thegoodsoldier.com Play the trailer and I’m first vet
It is a documentary which played on Bill Moyer’s Journal last Nov 6 and features 5 veterans from different wars and their stories, mine included. It is now available on Net flicks
May 7th, 2010 at 9:22 am
Seems to be two camps on this issue (no real surprise).
One group acknowledges that if it become a prescription medication, then treat it was such with all the inherant limitations that legimate medications impose on their users. Because THC does persist in one’s system for some time after usage, there are some testing issues to work out to protect those who have stopped using it from becoming a false positive 30 days down the road”.
”
The other group seens to be unable to seperate the “trendy chemical amusement aid” background, and as such would be willing to limit it’s availability to even those with severe medical problems.
The sad part is, as a culture, our “war on drugs” has actually helps create (or at leat worsen) the mess we are in. A look at our past experiment with alcohol should of taught us valuable lessions, yet we repeated the same mistakes with drugs. Yes, there should be zero-tolerance of drug use on jobs where safety is an issue. I’d include driving. Only a dope would argue otherwise (pun intended).
May 7th, 2010 at 1:12 pm
Restated. Since most of us do not create laws or regulations; if / when the particular law provides for medical marijuana to be prescribed as medicine, treat it as required for any other prescribed medicine. What does one do when an employee is prescribed percoset, valium, oxycodone, or vicodan? Again, let’s move on…
I totally agree that marijuana should be legalized, taxed, regulated through commissions just like alcohol is - possibly even use the same stores, but I feel that is a little off of the subject of this article.
May 7th, 2010 at 4:41 pm
I vote for Perry Parks.
It is so refreshing to read words filled with wisdom and Intelligence such as Mr. Parks. If we all had the insight and understanding of simple issues; complicated by Ignorant and misguided people the world would be a much nicer place.
Why the legalization of marijuana continues to be an issue is beyond my understanding. The DuPont’s’ must be laughing all the way to the bank, even today. Our Country needs to grow up, and stop with all this legislation and lobbing, it only lends to what I like to call babysitting laws. I am an adult; I don’t need laws that dictate how I should live my life, what I can eat or drink, or smoke ECT.
As an adult I take care of my own. I understand my limitations, shortcomings and what I am capable of. I am a responsible person and I take full responsibility for my life and those I love. My point here is, take care of you and yours and stop worrying about if one is living like you think they should live. GROW-UP AMERICA.
Sincerely,
Kim
May 10th, 2010 at 6:46 pm
Hey Kim Waxman: So far, I think many pro MJ folks have missed the message, including you. You’re right, responsible people are responsible most of the time, like you. However, the original article has to do with MEDICAL MJ in the workplace which has absolutely nothing to do with the legalization of “recreational” MJ. Let’s stick to the facts of the piece. If you’re an employee covered under the various DOT modalities and are a user let me know where you hang out as I don’t want you near me while operating anything safety sensitive, including carrying a weapon.
Ad’um: Perry, I’m glad to hear that you worked in or are now working in an industry that has very few drug use failures. Seems like random drug testing is having its purpose felt. That’s a good thing.
May 11th, 2010 at 12:07 pm
Marty 88210,
You are correct about the issue, and I apologize for not commenting on the use in the work place. I feel that medical marijuana should be treated as any other prescription drug according to your work safety policy. I would not want to ride on a plane, train , or in a automobile with the operator on a prescription medication, having said that, I also believe that there are jobs out there where this shouldn’t be an issue if needed due to Cancer or whatever the medical issue maybe.
I just want to see more brain power behind legislation and our passing of laws. I think most individuals need to stop and think before they act. It is my opinion that more than ever, I am being told how to live, eat, and so on, when we adults should be offended by this and we should all say so.
Thank you Marty for pointing out the real issue here, I appreciated your concern.
Kim
May 12th, 2010 at 3:12 pm
I meant disagree with steve 100%, not agree. Need to get a new keyboard soon…
Basically, no, the solution isn’t to fire anyone who’s used pot any time in the last year, it’s to fire people to perform poorly at their job.
May 13th, 2010 at 8:19 am
[...] Medical marijuana vs. workplace safety: Cloud οf confusion … [...]
May 13th, 2010 at 11:51 am
[...] Medical marijuana vs. workplace safety: Cloud οf confusion … [...]
May 14th, 2010 at 10:29 am
Who is using my name and how dare you!?? I did not disagree with Steve. I AGREE 100%.
May 14th, 2010 at 1:03 pm
Interesting conversations with a lot of back and forth on the same stuff. here’s something different. First of all I appreciate Perry’s factual information to start off. Secondly, I train and uphold our drug-free work policy and agree with most of what I’ve read here. You might be surprised to here that we have to include Peyote in our drug policy and although native americans that test positive can not be penalized if proved to be used properly under the native american laws they cannot be under the influence at work. No question!
Here’s the kicker…I have allergies that make me feel as if I’m impaired alot of the time. They make me light headed, unfocused, tired and perhaps a safety concern. I am also in charge of our safety program. Perhaps we should be concerned about these kinds of impairment in the workplace as well. Poor health and age can be just as much a factor for impairment as anything else. Poor eating habits, and things like side effects of diabetes, etc. can contribute to accidents. What about smoking cigarettes? Nicotine is a drug too but we don’t regulate it in the workplace except to say you can’t smoke on company property.
May 21st, 2010 at 4:50 pm
From much experience with both, I can unequivocally say I would much rather be working around a lift truck driver who got stoned on MJ the night before than around one who got drunk on beer the night before. Let go of the myths and BS and treat it as any other prescription drug.
July 28th, 2010 at 8:46 am
just food for thought on this-THE CALIFORNIA SUP COURT has already ruled, and it stands as good law, “if a person tests positive” under employers drug testing programs they can be fired. The case involved a clown who claimned he was using “medical marjuiana and they fired him under the 1998 Fed “drug free work place” Act. The court up held the FED LAW and added “it is NOT DISCRIMINATION”.
I have maintained that any worker of mine in Texas who comes to work “under the influance” or shows signs of being under the inflaunce, or I suspect they are using SHALL BE TESTED AND IF IT IS FOUND SHALL BE FIRED AT ONCE!
I am a retired Los Angeles Police Officer who saw the madness of “medical marijuana” laws in California-I had to deal with them-upon my retirement I left CA last year. NO WAY-ZERO TOLLERANCE WITH ME! I tell people, “too many good people are needing work to hired screw ups who get high or stoned! I see it your gone-end of story”
For 28 years I saw people in Los Angeles abuse drugs-if they have little respect for themselves they have even less respect for me, my company, the work they are doing, and those who work around them-I don’t trust you and you won’t work for me.
Medical Marj is ILLEGAL under fedral law-just like Illegal Immigration! I don’t hire illegal immigrants and I don’t hire stoners and junkies. That’s what makes divides dope from beer, wine and mixed drinks-it’s illegal period.
July 28th, 2010 at 4:13 pm
Now your a guy I could work for.
July 29th, 2010 at 9:06 am
what many people don’t understand is that this stuff is NOT SOLD LIKE VICODEN or other stuff! It is not sold at Walgreens or CVS or Costco. There is not a “prescription”-it is in fact a “reccomendation”. DEA rlaws say “pot has no medical use” and even the CALIF law is called the “compassionate use act”. Weed is to be used by very ill people cancer, AIDs and other such things. Stands to reason if you are using it for this you need to be home resting and NOT WORKING!
As a police officer I saw the same damn doctors time and time again writting these “reccomendations” for people to smoke dope. It was “cash up front” and 150.00 and wham you got a paper that says you need it! This is a scam totally!
The places selling medical pot are run by people with ZERO MEDICAL TRAINING! the laws which control them are so horribly written it is not funny!
When DEA allows it to be sold in CVS then we will talk but until then-if you need weed-you are “too sick” to work for me and need to be home resting. NOT ON MY INSURANCE AND HEALTH CARE PROGRAMS YOU WON’T!
July 29th, 2010 at 10:33 am
While I wish for stronger laws that govern the rx and distribution (from pharmacies), of all controlled substances, including medical marijuana. When an employee submits a RX for a substance that is legal for them to use, then it’s best to not suppose or overthink their use of the substance.
July 29th, 2010 at 12:57 pm
John LAPD,
While I agree with your sentiments, again, I wish for stronger controls of these substances, it has not happened yet. Some of this should be via business intelligence. As an HR person, we have to follow the laws as written. If we deviate from them we are not in compliance. We have to have a very surface level acceptance of “this is medically prescribed and my opinion is not more valuable than the physician who wrote the prescription.
In my area, they have a task force to assist with curtailing the physicians from illegally prescribing the medications - for profit - akin to a Drug Lord. They are also arresting those who are distributing in a sting operation. This being said, there is more to it. Last year, I had two things happen. I needed out patient surgery. I needed dental work done. For my out patient surgery prep, I was written a prescription for 30 vicodin. After my dental surgery, I was written a prescription for 20 percocets. I did not fill the RX for my dental surgery. It was a root canal and ibuprofen was sufficient for any pain relief. I did fill the RX for vicodin. I took 2. I flushed 28. I would have been the person filling both of these prescriptions within two weeks time. The controls need to start with the amounts that are prescribed, and perhaps better intelligence regarding how many prescriptions a person is able to fill within a period of time. I haven’t thought through all of this, but this does relate to medical marijuana, in that there is no control over the substance. The only control that we could have is a level of the drug that is considered acceptable when the applicant, employee is tested. I’m not certain our science is sophisticated enough to do this without employees who are not abusing, testing over their levels. Again, I understand your point of view but in the office, we have to lean on the law.
July 29th, 2010 at 1:04 pm
I guess my point is “controlled substances” (haha) sold at CVS or Walgreens are not at all controlled. There are many people becoming addicts because good physicians are overly prescribing the amounts of medication. My son, who is not old enough to purchase cigarettes or alcohol could have picked up my prescription. So, it really is no different than Marijuana. In order for the drugs to be sold on the streets, it has to be able to make it on to the street.
August 5th, 2010 at 1:51 am
Hey guys, how about these apples.
Go to Dept of Veterans Hospital Affairs and read the new (Jul 22,2010) VHA Directive 2010-035
It spells out the policy for the use of medical marijuana..this change was demanded by the latest medical evidence
We have just passed a Resolution in the NC State Executive Committee. The resolution was written and introduced by me. In order to introduce it, it took a super majority vote…then we got a near unaminous vote of the 500 member body. We will introduce legislation to make medical use of marijuana legal in NC..Maybe we can be 15th
Old lies die hard. When you are retired, you have time to research topics..assuming you know how to google. I realize some of us are digitally handicapped but, at 67, I am willing to place a bet with any texan…that I can medicate myself to content and we can each demonstrate our abilities at the wheel…or at the yoke if you also are a pilot..your choice, airplane or helicopter.
I am not trying to be difficult, I have been involved in this impairment argument for over 40 years now. I am also trained in Aircraft Accident Investigation (PE) and am considered by the military to be an SME (subject matter expert)
I served on a national task force for the Army and Airforce. The task force was formed to address vehicle deaths..an epidemic before the war with 29 soldiers killed @1998.
Believe me, we tried to demonstrate the impairment. The regions of the brain affected by alcohol are 100 % impaired..with typical illusions that you can actually drive better beginning around .06 BAC. With Cannabis, the cognitive part of the brain, instead of thinking it is bullet proof, thinks…woa baby, be careful. There is some minor psycho motor skill impairment but it is not enough to produce statistical relevance in accident avoidance.
In other words, the simulator driver is put through various test..deciding when to stop on yellow caution light or go on through, unexpected events, lane alignment, etc
So far, I’m sorry, but the evidence argues against impairment. I can medicate and fly a simulator with more skill than most pilots at my level..somewhat over 11,000 accident free hours..
August 5th, 2010 at 9:25 am
Mr. Parks, you are obviously an expert in this field, so my words are not to refute anything you wrote. When an employee has any type of prescription, whether it be Oxycodone, Flexoril, Medical Marijuana, etc., there is an effect, or they wouldn’t be prescribed. Alcohol, we know also has an effect, is legal, but is not allowed in the workplace for most businesses. Additionally, prescribed medicine has different effects for different people, the effects are as different as fingerprints sometimes. Bottom line - people who are prescribed any medicine that alters the mind should not be in safety sensitive positions where fine motor skills, and clear headedness are required. Although not part of this discussion; my take on marijuana is this: I have no problem with it being used to treat people in pain, and I wish in general life, it would be controlled like alcohol, taxed, and only available at government commissioned stores.
August 5th, 2010 at 1:58 pm
Perry,
Congratulations on your most recent efforts, I wish you well. I am glad to see your back I so appreciate your views and wisdom.
I can’t help but wonder if the Federal Government will ever come to embrace what our individual states are trying to say and do with the legalization of marijuana.
I happen to live in a small city in Washington State where the police and city officials choose to ignore that our state has passed the medical use of marijuana and openly state that since it is not recognized by the Federal Government then they will do whatever they can to find some way federally to deal with this issue.
Which brings me to my next point, law enforcement is making a killing with the drug seizure laws so it would stand to reason that they are extremely threatened by the new laws and are concerned over the loss of revenue to the Judicial budget. I can’t help but think that this issue will be fought at every turn of the page, unless the Federal Government takes a side on this.
We need reform throughout our government and it has to start at a grassroots level, meaning we the people. I personally plan to spend my retirement years doing just that, taking back our country one person at a time. Thank you for getting the facts & science of the issue out there so we can all be better informed.
Sincerely,
Kim Waxman
August 5th, 2010 at 2:36 pm
Mr. Parks,
Has any of your studies compared RX narcotic use to Medical Marijuana use while operating equipment? I’m interested to note the difference. I’m safety conscious as well, and while I would accomodate a person in a non-safety sensitive position at the office, I do not want the laws to accomodate or allow medical marijuana to be used while they are in a safety related position. The problem is that someone could be given a prescription for medical marijuana and hold a position in a safety related position by day. Which means, they may medicate at night for pain but not during the day during working hours. Our tests are not currently sufficient to be able to tell the difference. Alcohol testing can detect the presence of alcohol currently in the system. Drug testing tests positive or negative based on the level in the system within a period of time. Unfortunately, marijuana and other pain medications do cause addiction or people do misuse them. Therefore, in order to be able to have a safe workforce, I believe you need to be black or white on allowing or not allowing. The DOT stands firm on their position. I have to say, I do not want a pilot or in my case, a person hauling hazardous materials down the highway to be allowed to use medical marijuana. Perhaps I am conservative in my views but it seems that the risk to the general public outweighs the benefits. I would rather rehabilitate and move the person to a non-safety sensitive position if plausible.
August 6th, 2010 at 1:33 pm
MAC, We are all dedicated to safety. Unfortunately, I do not have the time to really lay out the details. I will soon.
Begin by comparing the warning on “marinol”. It says, do not operate..until you see how it affects you.
MJ is a difficult substance. Other than an eight year period when I worked for a major airline and then corporate pilot, I had to refrain, because of random testing. I had to quit. Compared to cigarettes, coffee…it was a piece of cake. Now, 10 years post military retirement, I am enjoying extrodinary health and ability to deal with the symptoms of PTSD and chronic pain. I am like a new man..the physical part anyway. 67 years of life can be a toll..but it is becoming a joy with the release of things I have known for years..every since I first became involved in protocol for drug testing in the military in the early 70s.
When I retired from the military, I found just how successfully the DEA has been in hiding the medical evidence. It is almost unbelievable. In lab studies..it stops cancer cells in their tracks. A substance called Ceramide forms on the outside of the cell walls of cancerous cells and programs them to self destruct ( U of Madrid and earlier studies at U Va medical school that DEA hid from public). Ceramide DOES not form on unaffected cells.
Electron microscopes have determined that CBD, a component of Cannabis, actually begins to mend damaged brain cells (Neuro protectant qualities).As in damage from IED blast, and damage from strokes caused by bleeding. Given this, denying this to the veterans and others whose doctors find the treatment appropriate is INHUMANE. Michelle Leonhart is hiding the Scientific Evidence from Congress hoping to be confirmed to DEA chief..If you want to help..call washington and demand she be removed from DEA..In fact, she should be removed from any position of responsibility.
The problem is, infrequent users indeed should definitely be not in the workplace until the effects can be determined.
The studies tell the story. Impairment, if it is a problem, will last from 45 minutes to one hour after ingestion. Most frequent users do not demonstrate, in double blind, placebo controlled studies, impairment that rises to the level of significance in accident avoidance.
Do your research..but check your sources. If you intend to ask me to believe it, it must be scientifically sound..repeatable with expected results. Any thing else, especially by government agencies whose work depends on this substance remaining a “dangerous drug with no medial value” is NOT suppoeted by the evidence.
I have just been alerted that they are trying to get me on the witness list to testify next week in washington on Michelle’s confirm…I will do my military best to torpedo this incompetent Bush Holdover,