Announcement

Collapse
No announcement yet.

Firing for medical marijuana

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Firing for medical marijuana

    Spotted this closed thread on Customers Suck (this was the topic that made me get off my butt and register here). Since the thread was closed, I couldn't add my comment there, but I can understand WalMart's reasoning.

    As a professional driver, I am subject to random drug tests, and am therefore somewhat familiar with the procedures which are followed. In the United States, Marijuana is a Schedule 1 drug (i.e. prohibited under all circumstances). The regulations for drug testing state that "medical marijuana prescribed by a physician" will NOT be considered a legitimate reason for a positive drug test.

    For comparison purposes, if as a result of pain due to a broken bone, I were prescribed Tylenol 3 which contains coedine (circumstances which happened when I worked in a factory job), I would be prohibited from driving commercially in the U.S. while taking it (since it's an opiate), but if I were called in for a random test a couple days after return to work (i.e. metabolites still in my system), the fact that I had been prescribed this medication (would need to give proof to the testing agency), combined with an opiate metabolite level consistent with the dosage I had been prescribed and the time since discontinuing it (i.e. test results showing opiate residue but at a level indicating that the prescirbed Tylenol 3 was the only source) would result in the test being recorded as a negative.

    There is a workaround he and his doctor could have used (since the MSNBC story linked to from the CS thread says that the marijuana was prescribed by his doctor and he had a state-sanctioned card saying he could legally use the drug) would be for his doctor to have determined a dosage of Marinol (synthetic THC which is supposed to have the pain relief/antinausea prperties of marijuana, but which various sources say doesn't work as advertised) which would have produced the same THC metabolites as the dosage of marijuana which worked for him, and prescribed the Marinol, with instructions to buy it (to generate a paper trail), but discard it and use the marijuana instead. This would have resulted in a situation similar to the example I gave above - the test would show drug residue, but there would be documentation that he had been prescribed a legal (at the federal level) drug in a dosage which would account for that residue, and the testing agency would then report the result as negative (since the test is for illegal drug consumption.

    Note that I am just trying to explain why a firing over medical marijuana could be legally justified - whether or not marijuana should be moved to a lower schedule (i.e. so at the federal level it would be legal to prescribe) is a matter for Fratching.

  • #2
    Out of curiosity, does medically prescribed marijuana come with recommended/required dosages, and if so, can that be used to help or hurt someone in that situation?

    Just about everyone I know that has a medical marijuana card was already a pot head and they use it as an excuse to get high. I know people that have had it prescribed for everything from pain to anxiety disorders to asthma/respiratory issues (wtf?). Apparently, Marijuana is to the pharmaceutical industry what Duct Tape is to the construction industry.

    Back to my original point, if the doctor prescribes marijuana, is he saying once a day or feel free to be baked 24/7? If he's only saying once a day and they've got enough in their system for a few people to have a great night, I'd say they deserve to fail regardless of the prescription, just as the OP mentioned the levels that must be met for the codeine in his system.

    CH
    Some People Are Alive Only Because It's Illegal To Kill Them.

    Comment


    • #3
      I'm basing my information on California.

      Because the federal government has declared marijuana a schedule 1 drug (very dangerous and NO medical use) there are no protections when it comes to workplace drug testing according to a 9th Circuit Court of Appeal case. However, employers can choose to allow medical marijuana, if they want to.

      And physicians do not give specific dosage requirements. I read a physicians' manual that indicated it is not a good idea to do so since the laws are still fuzzy. If specifics are given to patients, that opens up the doctor to liability.

      I don't know about the Marinol work around, but sounds like it might work.

      Comment


      • #4
        Um, weed is illegal no matter what state you use it. Even if a doctor gives you a script for it, even if your state says it's legal...it's illegal. Fed law supercedes state law preventing states from making really, really dumb decisions.

        So if a boss was to fire you for doing "medicinal marijuana", which is illegal to do, they are fully within their rights.
        Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

        Comment


        • #5
          Now I'm not a big fan of people who just use pot to get high...I think that's a waste. But really....to consider it dangerous? and no medical use? That's ridiculous.

          I am very much into vitamins/herbal remedies and the like. And I think as an herb it does have valuable uses. And to not recognize that is just insane.
          https://www.youtube.com/user/HedgeTV
          Great YouTube channel check it out!

          Comment


          • #6
            If it's been scientifically proven to have beneficial effects, it therefore has medicinal uses. How is there argument here?

            Proponents of medicinal marijuana aren't just pulling this out of their ass. There's real-world evidence and research backing them up.

            As to the firing, the whole state law vs federal law battle is still being fought. I, personally, would look into the exact usage before taking action. The federal government itself has a medical marijuana program (that they've been letting shrink in the hopes of it dying off)
            All units: IRENE
            HK MP5-N: Solving 800 problems a minute since 1986

            Comment


            • #7
              No one is saying that weed has no medical uses. The government is saying there is no approved medical use.
              Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

              Comment


              • #8
                Originally posted by Greenday View Post
                No one is saying that weed has no medical uses. The government is saying there is no approved medical use.
                I see what you're saying...I'm not disagreeing with you there I just think they rely too much on "approval"....they probably don't approve of ancient medical uses for herbs either...doesn't fit into the regulations
                https://www.youtube.com/user/HedgeTV
                Great YouTube channel check it out!

                Comment


                • #9
                  Originally posted by telecom_goddess View Post
                  I see what you're saying...I'm not disagreeing with you there I just think they rely too much on "approval"....they probably don't approve of ancient medical uses for herbs either...doesn't fit into the regulations
                  I mean, it's only a group of doctors and scientists whose sole job it is to study this and determine if the benefits outweigh the negatives. Just because a bunch of potheads say weed doesn't have negatives doesn't mean they have no idea what they are talking about.
                  Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

                  Comment


                  • #10
                    Originally posted by Greenday View Post
                    I mean, it's only a group of doctors and scientists whose sole job it is to study this and determine if the benefits outweigh the negatives. Just because a bunch of potheads say weed doesn't have negatives doesn't mean they have no idea what they are talking about.
                    Or it could be that they are regurgitating what they've heard from a group of doctors whose job it is to decide the positives and negatives. Most people's knowledge is second-hand, and that's fine so long as they've gotten it from a reliable source. These reliable sources tell us that marijuana has a number of legitimate medicinal uses.
                    All units: IRENE
                    HK MP5-N: Solving 800 problems a minute since 1986

                    Comment


                    • #11
                      Originally posted by Greenday View Post
                      I mean, it's only a group of doctors and scientists whose sole job it is to study this and determine if the benefits outweigh the negatives. Just because a bunch of potheads say weed doesn't have negatives doesn't mean they have no idea what they are talking about.
                      I'm not talking about pot heads I'm talking about herbalists who have been practicing herbal medicine for thousands of years..none of THAT is taken seriously or approved of. Never mind it's been proven effective for all of human kind...
                      https://www.youtube.com/user/HedgeTV
                      Great YouTube channel check it out!

                      Comment


                      • #12
                        Originally posted by telecom_goddess View Post
                        I'm not talking about pot heads I'm talking about herbalists who have been practicing herbal medicine for thousands of years..none of THAT is taken seriously or approved of. Never mind it's been proven effective for all of human kind...
                        Thing is there are plenty of 'Herbalists' running about making unfounded claims and basically bullshitting everyone with a wallet. There's no science whatsoever backing them up and the treatments are largely random.

                        Not to say that herbs don't have any medicinal uses, just that most herbal treatments of significant merit in developed areas have already been incorporated into modern medicine (as in, isolating compounds into pills/injections etc.)
                        All units: IRENE
                        HK MP5-N: Solving 800 problems a minute since 1986

                        Comment


                        • #13
                          The term 'herbalist' in the UK is like 'nutritionist' - it's unlicensed and unregulated. There are Chinese herbs, if you know what they are, that are the equivalent of speed.

                          Rapscallion
                          Proud to be a W.A.N.K.E.R. - Womanless And No Kids - Exciting Rubbing!
                          Reclaiming words is fun!

                          Comment


                          • #14
                            Originally posted by Rapscallion View Post
                            The term 'herbalist' in the UK is like 'nutritionist' - it's unlicensed and unregulated.
                            It's the same here, Raps. Any new-age hipster with a garden, hemp jewelry, and a pair of Birkenstocks can call themselves an 'herbalist'. (I believe in the US there are 'nutritional therapists' that are licensed, but they focus more on diet.) There are MD's that will suggest supplements. I take a multi-vitamin, fish oil, and extra Vitamin E as suggested by a doctor. I mean, take all the herbs and stuff you want (if they're legal), but please check with a licensed medical doctor to make sure it won't cause more harm than good.

                            I don't know if they'll ever legalize marijuana in the US. I mean, tax revenue is the best argument for legalization out there. It would have to be heavily regulated, and there's already such a strong black market out there that..I don't know.

                            Comment


                            • #15
                              I used to be an herbalist, but the price of peacebloom and mageroyal went way down and I gave it up.

                              Comment

                              Working...
                              X