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Old 09-27-2013, 10:51 AM
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jmkr02 jmkr02 is offline
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Hiring or firing because the employee possesses a medical marijuana card.

Is it allowed to ask on a job application and is it right for dismissal? It is not legal under federal laws to use marijuana but on the state level it is. I think Federal trumps state, but drivers licences are issued by the state does the authority issuing these cards revoke cdl or driving privileges?
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Old 09-27-2013, 12:27 PM
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marijuana is no big deal. Alcohol is more concerning. Don't sweat the small stuff.
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Old 09-27-2013, 01:10 PM
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I am wondering how company's will handle "legal" weed with all the drug test policy's. If it is legal then it would be hard to hire or fire based on it coming up in a drug test assuming the person used on there own time.
I think with your question it is 100% up to you. As long as you amke it a policy and never sway from it you can hire or fire at will. All of our local hospital's will fire someone for having nicotine in there system because they have a strict no smoking policy on the books, so strict that even an electric cig is not aloud. so if you say my company is strictly weed free then you can do what you wish regardlas of the law at the state level.
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Old 09-27-2013, 02:13 PM
Forever Green Landscaping Forever Green Landscaping is offline
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What will your insurance company/ police do if that employee gets in an accident or severe accident and injures or kills another person. Will they deny your claim?
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Old 09-29-2013, 10:42 AM
Chilehead Chilehead is offline
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Quote:
Originally Posted by Forever Green Landscaping View Post
What will your insurance company/ police do if that employee gets in an accident or severe accident and injures or kills another person. Will they deny your claim?
I can personally attest to this liability.....
Several years ago, I hired a guy to help me with my maintenance accounts. One day he comes into work a bit out of sorts. He was coherent, but was acting like he had just woken up. I asked him if he was okay, and he brightened up real quick. While out working, he came within 1/2" of plowing into a natural gas meter with my big mower at full speed. When I saw it happen, I just about died. Long story short, he was smoking weed earlier that day--he got terminated.
Had he hit that pipe on the meter (and sheared it), there would have been a fireball the size of a semi. The neighborhood was a cluster home community with no more than 5' between houses, so many would have likely burned down. My $2M in liability insurance wouldn't have even covered half the damages.
Moral of the story: if you use any substance that causes impairment of motor skills, you won't have a job with me.
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Old 09-27-2013, 02:31 PM
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They can't get a cdl period if you have it in your system. It becomes a big grey area with driving. You would be put through the ringer of one got in an accident. The way I would do it is that of you drive you have to be clean, period.
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Old 09-27-2013, 02:47 PM
Laurel Leaf Laurel Leaf is offline
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Having a medical marijuana card doesn't exempt that person from insurance guidelines. It is ok to possess the card but it is not ok for them to have thc in their system during employment. Drug tests are cheap and easy for screening. It is illegal to not hire someone, strictly because they have that card...
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Old 09-27-2013, 06:42 PM
Will P.C. Will P.C. is offline
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They hand out those cards like candy so I wouldn't put much stock into the card. A very strict policy of being on the clock stoned and impairment during work would be in place. God forbid a terrible accident happened, they would be able to test to give an estimate on time of last 'toke.

Here is an excerpt from an article in Arizona.
the law prohibits discrimination on the basis of simply being a medical marijuana cardholder. In other words, having a medical marijuana card is not grounds to terminate an employee or refuse to hire an applicant.

the law does not require employers to allow employees to use, possess, or be impaired by marijuana at the work place or during work hours

Finally, for employers whose employees perform “safety sensitive” tasks, such as working with machinery or chemicals, working in health-care related fields, or driving vehicles, there are special protections, so it is a good idea to mention these safety sensitive jobs and clarify job duties and expectations in policies.


Seems you could argue for either side with all this grey area.
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Old 09-29-2013, 09:14 AM
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OakNut OakNut is offline
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Originally Posted by Laurel Leaf View Post
Having a medical marijuana card doesn't exempt that person from insurance guidelines. It is ok to possess the card but it is not ok for them to have thc in their system during employment. Drug tests are cheap and easy for screening. It is illegal to not hire someone, strictly because they have that card...
Huh?

When did "pot smoker" become a protected class?
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Old 09-29-2013, 10:15 AM
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Huh?

When did "pot smoker" become a protected class?

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