A Colo court rules

[BlaqueKatt]

It's essentially what's being demanding of medical marijuana users, only their condition tends to be more permanent.

not when there is a legal form of the drug in question, and the "but smoking it just works better" is anecdotal and not at all proven medically. They don't "think" it works because they don't feel the "high" they think they should.

[Panacea]

Well, except there is, because you couldn't be prescribed alcohol for pain by a doctor. <snip> He had a doctor's prescription for marijuana. Of course he had it in his system.

Yes, he had a doctor's prescription, in accordance with STATE law. But marijuana is still prohibited by the Federal government, and the courts have consistently held employees can be fired for marijuana as long as it is still illegal at the federal level.

Ironically, during Prohibition you COULD get a prescription for alcohol for medical use. But it complied with an exception in the law that allowed for this. Marijuana is classified Schedule 1, no medical use, so no such exception exists.

Side note: I actually have some of those old alcohol prescriptions in my medical collection. They're kinda cool

not when there is a legal form of the drug in question, and the "but smoking it just works better" is anecdotal and not at all proven medically. They don't "think" it works because they don't feel the "high" they think they should.

Actually, they've got data to show it's not anecdotal, which is why physicians are increasingly on board with medical use of marijuana. Marinol contains THC. However, there are active ingredients that probably are at play in the reasons why medical marijuana users prefer it over Marinol. Marinol does still make you drowsy, but doesn't give you the "buzz" pot does.


It really doesn't matter if the employee in the OP showed evidence of impairment or not. The fact that pot is illegal under Federal law means state laws don't protect you because Federal always trumps state in the US. Clearly, he was nabbed by a random drug test, and it doesn't matter if he needs the marijuana or not. The company has to be consistent in its policies, meaning this guy had to go.

It sucks, and I do think the laws need to catch up. But it is what it is.

[Andara Bledin]

Be offended all you want, but that doesn't mean that what happened was wrong. There's no difference if a person passed a standard sobriety test but a breathalyzer indicated he had alcohol in the system and was fired as a result.

I never said what they did wasn't legal, but I'm not going to agree that it wasn't wrong.

There are no winners in that equation other than the lab who got paid to run the test. The employee was screwed and the company screwed itself; it had nothing to gain by testing that employee and aside from the lab costs, they will also have to deal with the unemployment claim (they probably won't have to pay it but they'll still have to waste time and resources to contest it), having to cover his position while they find a new hire to replace him with, and then pay to train that new hire and hope he can be at least vaguely on par with the old employee. The entire saga makes zero sense for them.

Which is what leads me to believe they wanted a reason to fire him for political reasons, which means that, morally, they were in the wrong.

I don't know why people keep jumping on the "but it was legal for them to do it" bandwagon. Nobody is arguing that it wasn't. Nobody is saying that they weren't perfectly within their rights to order the test be performed or for firing the guy for failing it.

[Glados]

Firing of decent employees is not uncommon for this company. I worked for years in a location that averaged around 1000 employees. They fired employees at a rate of 3-5 per day. Every day of the year. Many of them were good or even great employees. They hire constantly to replace the insane number of people that are let go (and a large number who quit due to the treatment).

The entire culture of that place was one of control. Corporate management wanted total control over the lives of employees. They also wanted to ban employees from smoking but never could as they would have lost too many all at once.

Legally, they were in the right to fire him. Morally, they were not. I firmly believe that no company has the right to dictate what an employee can do off the clock. It is pure hell to go to work every day never knowing when it will be you that is fired for some ridiculous "offense".

[crashhelmet]

I think I need to define what chronic pain really means. As someone else pointed out, chronic is not the same thing as constant. Chronic pain means the person has frequent pain from the same source on an ongoing basis.

But this is my point. They claim the need for Medical Marijuana because it's the "only" thing that helps them deal with their "Chronic Pain."

To quote your own words "Frequent" & "Ongoing basis"

Does this frequent and ongoing basis magically disappear when they're supposed to be at work?

I suffer from chronic back, shoulder, ankle, and knee pain due to far too many injuries on far too many varying levels. I'm fortunate enough to have built up a fairly high pain tolerance. However, I'm also unfortunate enough to have built up a tolerance to most prescription painkillers. People talk about getting high off them and they do absolutely nothing for me.

But I can go a few days without any problems. I can 8 hours straight of constant "uncomfortableness." Sometimes I really get the most joyous of joys and have it more than one body part at a time. If the temperature drops below 30 degrees and I'm not dressed accordingly, I'm only good for being a paperweight or a doorstop.

But these people...

My tummy hurts. Smoking pot is the only thing that makes me feel better.
My head hurts. Smoking pot is the only thing that makes me feel better.
I stubbed my toe. Smoking pot is the only thing that makes me feel better.
I hurt my "X". Smoking pot is the only thing that makes me feel better.
I hurt my "Y". Smoking pot is the only thing that makes me feel better.

They could easily be prescribed any number pain killers out there, but it has to be pot. And they get a medical marijuana card and they continue to get their "medical" marijuana. But you never see them dealing with pain issues while at work. In fact, for most of them the "pain" only exists when they're asking their doctor for the prescription.

[Duelist925]

And you're basis for these broad and sweeping generalizations is....? Personal anecdotal experience? Some study done?

[crashhelmet]

And you're basis for these broad and sweeping generalizations is....? Personal anecdotal experience? Some study done?

Some of it is anecdotal. Being a former stoner, I have plenty of stoner friends and have watched and listened to them scheme their schemes.

Then there are articles like these:
Medical marijuana doctor: Clinic was 'a marijuana mill'
Politician: Too Many Abuse Medical Marijuana Law
The Abuse of Medical Marijuana in California
Local Doctor Accused Of Medical Marijuana Fraud
Colorado investigates possible medical-marijuana fraud
FOX 5 proves medical marijuana card ‘easy’ to get

Finding a single study on how many prescriptions are given for what reasons will be pretty much impossible due to privacy laws like HIPAA

[Duelist925]

Thank you.

Hmm. this should prove some interesting reading.

[Andara Bledin]

Somehow, I think that polling the stoner crowd for information on legitimate medical marijuana use is rather stupidly one-sided.

There is absolutely no doubt that a lot of people abuse it, a lot of doctors prescribe it as an activist move rather than purely medical, and a lot of dispensaries do everything they can that isn't outright illegal (and possibly a lot that is).

However, all that aside, there are legitimate medical uses and there are legitimate users for whom other options don't exist. Lumping them in with the abusers is foolhardy and shortsighted.

[Panacea]

But this is my point. They claim the need for Medical Marijuana because it's the "only" thing that helps them deal with their "Chronic Pain."

To quote your own words "Frequent" & "Ongoing basis"

Does this frequent and ongoing basis magically disappear when they're supposed to be at work?

I'll grant you that there are people out there who abuse medical marijuana: both users and sellers of the product. It's one reason why I believe that marijuana should be legal and get rid of the fiction of "medical marijuana," and treat it like any other drug.

But a lot of the people you are describing aren't even working anyway. Instead of having a system that excuses marijuana use, we should have a system that explains marijuana use when a patient fails a drug test.

For example, I'll be taking Tylenol #3 for the foot surgery I'm having in the morning. I'll go back to work fairly quickly, though not in the hospital. However, the college could still hit me with a random drug screen. In which case, when I pop positive for opiates, I'm given an opportunity to show that I have a legitimate prescription for T3. It should be that way for pot as well.

[telecom_goddess]

But these people...

My tummy hurts. Smoking pot is the only thing that makes me feel better.
My head hurts. Smoking pot is the only thing that makes me feel better.
I stubbed my toe. Smoking pot is the only thing that makes me feel better.
I hurt my "X". Smoking pot is the only thing that makes me feel better.
I hurt my "Y". Smoking pot is the only thing that makes me feel better.
.

my bf pulls this. He claims that his back hurts and smoking pot is the only thing that makes it feel better. He never tries anything else like a muscle relaxer or anything. Nevermind he's been smoking it his whole life and there is no way that could have been his excuse the entire time. And I have to deal with the smell which I hate, and have a heart attack every time someone knocks on the door in case it's the apartment management people or something cause god forbid he should actually hide any of this shit. And he's a useless lump of crap sitting on the couch all day....when he's not at work. Thank god for work.

I've asked him to get a medical marijuana card if I have to put up with this crap so we have at least some legal leg to stand on, but nope he refuses. I better not ever get in trouble because of his stupid habit. I don't use it.

[HYHYBT]

Muscle relaxants have their own problems, but among them are not annoying your girlfriend with the smoke and risking legal trouble.

[Greenday]

I know people who moved to California after high school just so they could smoke weed. They all got medical cards yet not one single person has a medical problem. Clearly they aren't making much of an effort to only keep it for medical uses in California.

Just legalize it and treat it like alcohol.

[Rapscallion]

my bf pulls this. He claims that his back hurts and smoking pot is the only thing that makes it feel better. He never tries anything else like a muscle relaxer or anything. Nevermind he's been smoking it his whole life and there is no way that could have been his excuse the entire time. And I have to deal with the smell which I hate, and have a heart attack every time someone knocks on the door in case it's the apartment management people or something cause god forbid he should actually hide any of this shit. And he's a useless lump of crap sitting on the couch all day....when he's not at work. Thank god for work.

Good job you love him, eh?

Rapscallion

[telecom_goddess]

Good job you love him, eh?

Rapscallion

I wouldn't go that far.