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Total Articles: 4

Medical Pot at Work - It's Back!

The California state senate apparently is taking up another attempt to stop "discrimination" against the stoned at work. (Yes, there are some exceptions, e.g., they can't be too stoned - impaired - or work at a safety sensitive job).

THIS BUD'S FOR ME, BOSS

Proposition 19, called the "Regulate, Control and Tax Cannabis Act of 2010," will be on the ballot this November. The initiative, among other things, would legalize adult possession and personal consumption of small quantities of marijuana.

EMPLOYER DRUG TESTING IN CALIFORNIA.

Former Major League Baseball player Mark McGwire’s recent admission that he used steroids throughout his career came as no surprise in a profession plagued by similar problems. While McGwire ostensibly used the drugs to enhance his performance, employers generally fear a decrease in performance when their employees use illegal drugs.

One Toke Over The Line.

The California electorate approved Proposition 215, the Compassionate Use Act, in 1996. The initiative expressly protects certain users of marijuana for medical reasons from prosecution under two specific criminal laws. The initiative did not address a number of issues, however, including what happens when marijuana metabolites are revealed by a pre-employment drug test. Twelve years passed before the California Supreme Court weighed in on that question. In Ross v. RagingWire Telecomm. Inc., 2008 DJDAR 1217 (Cal. Jan. 24, 2008), the court held that Proposition 215 provides no employment law protection to medical-marijuana users. As a result, unless there is legislative action by the electorate or the Legislature, disability-discrimination and drug-testing laws are not affected by Proposition 215.
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