Hiring or firing because the employee possesses a medical marijuana card.

Discussion in 'Hardscaping' started by jmkr02, Sep 27, 2013.

  1. jmkr02

    jmkr02 LawnSite Senior Member
    Posts: 264

    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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  2. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,405

    marijuana is no big deal. Alcohol is more concerning. Don't sweat the small stuff.
     
  3. show-n-go

    show-n-go LawnSite Member
    Posts: 231

    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.
     
  4. Forever Green Landscaping

    Forever Green Landscaping LawnSite Member
    Posts: 138

    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?
     
  5. JCLawn and more

    JCLawn and more LawnSite Fanatic
    from MI
    Posts: 5,206

    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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  6. Laurel Leaf

    Laurel Leaf LawnSite Member
    Posts: 33

    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...
     
  7. Will P.C.

    Will P.C. LawnSite Senior Member
    Posts: 965

    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.
     
  8. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,405

    I never heard of a car acccident caused from the driver being under the influence of marijuana.

    I'm sure a google search may prove otherwise?

    If you're really concerned then the answer is easy. Stop hiring Americans. Most Latinos do not even smoke cigarettes. And very very very few are pot smokers. Once again another Problem solved by super duper looper Andrew Hardscape.

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    Last edited: Sep 28, 2013
  9. easy-lift guy

    easy-lift guy LawnSite Gold Member
    Posts: 3,376

    If you are wise you will never endanger your self, business or customers by hiring people that use drugs like your talking about. Just remember it's not called DOPE for nothing. You can and should do better for yourself
    and your customers.
    easy-lift guy
     
  10. GreenI.A.

    GreenI.A. LawnSite Silver Member
    Posts: 2,132

    I have talked to both my insurance agent and lawyer about this extensively. Mainly because my insurance carrier requires anybody who cause an auto accident to get tested, any workmanship comp claims get tested, also if anyone causes more than 2k in property damage and I file a gl claim, they get tested. What was explained to me, is that it is treated the same as a person who is on a narcotic prescription such as Percocet. The problem with both is that it is easy to recognize if the person is high off their ***, but if they have just enough in their system to be drowsy or loose focus! they may not show any signs (such as their eyes). The problem with both of these is that the person could use the drug while on vacation and not working, come back 2 weeks later, get in an accident and still pop positive. The test doesn't show if it is just residual in their system or if they were still slightly under the influence.

    Because of this, we have a zero tolerance policy, if their is any chance you could pop positive for any. Prescription which states not to drive/use equipment,then you do not do so if there is a chance you could pop positive.
     

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