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How do you feel about a state making medical marijuana legal but allowing employers the same discretion?
By discretion, I mean all states still allow your employer to fire you if you fail a pre-employment or even random drug tests?
Do you agree with the current legislation giving employers the same discretion in the past yet the state as a whole has legalized and found medicinal use in the drug.
Clearly this issue has ADA and discrimination written all over it, where do you stand?
Please try and use logic not your personal beliefs, understand it's the state telling the individual they can legally use this drug, shouldn't they also give those candidates employment immunity as a result of their own doing?
The main issue here is that employers can STILL deny these approved medical applicants a job, based on the drug screening. The state they're immune from criminal liability not preemployment drug tests.
6 Answers
- MuttLv 71 decade agoFavorite Answer
Marijuana cannot be prescribed. That word is used a lot when taking about medical marijuana, but it's not a real prescriptions. Prescriptions are regulated by the DEA, and the federal government does not consider marijuana a prescription drug.
Employers also have the right to have you not work if you are on a variety of valid prescription medication. If you drive or operate heavy machinery, they can fire you for do the work while on prescriptions that affect your reaction and judgment (many pain killers will do this). So why should there be an exception for marijuana, but not for other prescriptions?
- Anonymous1 decade ago
There's nothing in the ADA that says an employer has to let people work who are under the influence. You would have to prove that somebody had a disability where smoking marijuana was the only thing they could do to allow them to work, and it would be unreasonable for the employer to not allow this. I don't think this has ever been done and I challenge you to give a case of one single person who has proven that the only way they can work is if they smoke pot.
If your preemployment drug test shows up positive for amphetamines or opiates, both of which are controlled legal substances, that can prevent you from getting hired as well. There are a number of practical reasons why employers don't want to hire somebody who's using. It's not a moral issue, it's a safety and liability issue.
- ConcernedCitizenLv 71 decade ago
There's an important distinction between medical use and recreational use. If people have a recognized medical need for it related to glaucoma or cancer treatment, they should be allowed to use it. However, employers have a right to fire employees who are intoxicated on the job, even on legal substances such as alcohol.
- Anonymous1 decade ago
no way, if you open the gates for one drug soon all drugs will be and then the United States will no longer exist as a power nation but a nation of drug addicts, we have too many now. we should get the national guard on the border and the coast guard shut down the water ways on drug dealers once and for all.
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- Anonymous1 decade ago
Smoke away
Don't show up at my jobsite loaded or with residual "stonation" - you are a liability
