Colorado [supreme] Court: Workers Can Be Fired For Using Pot Off-duty

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LocalGrowGuy

LocalGrowGuy

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This isn't probation related like a similar thread, mods please delete or move if necessary.

from:


DENVER (AP) - Colorado's Supreme Court has ruled that a medical marijuana patient who was fired after failing a drug test cannot get his job back.

The case has big implications for employers and pot smokers in states that have legalized medical or recreational marijuana. Colorado became the first state to legalize recreational pot in 2012.

Though the Colorado case involves medical marijuana, the court's decision could also affect how companies treat employees who use the drug recreationally.

Brandon Coats is a quadriplegic who was fired by Dish Network after failing a drug test in 2010. The company agreed that Coats wasn't high on the job but said it has a zero-tolerance drug policy.

Courts in California, Montana and Washington state also ruled against medical marijuana patients fired for pot use.

(Copyright 2015 by The Associated Press. All Rights Reserved.)
 
Dopegeist

Dopegeist

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So, ETG testing of Alcohol off the job???

At least this is something the 'Pot Lobby' can go after that aligns grower/business/consumer interests all in one.
People are going to need jobs, to buy pot, right?

A trifecta.
 
LocalGrowGuy

LocalGrowGuy

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So, ETG testing of Alcohol off the job???

At least this is something the 'Pot Lobby' can go after that aligns grower/business/consumer interests all in one.
People are going to need jobs, to buy pot, right?

A trifecta.
I think the issue is the potential liability for bigger multi site, multi state companies. Dish is a national company, and it would be problematic if not plainly discriminatory to 'allow' or look the other way or otherwise authorize Colorado employees to act in ways other employees of the same class in different states.

Another reason is liability for accidents and on the job safety. With workplace accidents where drugs may be involved (I see it all the time in general among my clients) the employee will be required to submit to screening. If they are found with drugs in their system then their benefits may be reduced by 50%.

Federal trumps state, and it would be foolish for large corporations to allow stuff like this. I don't want to make a slippery slope argument as the ruling holds its own. The corporation has the right to make the rules, and if you don't want to follow the rules don't work there. It's not discriminatory it's smart business. I do not believe that current testing is accurate enough to show impairment on the job versus smoking a doobie on the weekend. However, this isn't the corporation's problem. It's the employee's problem. It's probably just as easy to 'prove' pot sobriety as it is to 'prove' impairment. Don't they automatically add slurred speech and red watery eyes to every police report?

I would think that a small Colorado company would be more toker-friendly.

I do not agree with DISH, but I get where they are coming from. $0.02
 
Dopegeist

Dopegeist

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benefits may be reduced by 50%.
The real reason. I used to count beans for a living...
You find me a company that isn't looking at every angle to 'cut costs' and I'll show you a manager not interested in a raise.
 
LocalGrowGuy

LocalGrowGuy

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You are correct, a liability claim in this industry would be a car crash. Although health insurance is one item that MMC owners are allowed to write off, because it's a Colorado allowance unlike other states. Definitely a likely high-claim group.

And once these companies go over 50 employees, they have to provide coverage or pay a fine per employee of up to $3,000 if those individuals go to the private exchange.

More like obamanure than obamacare.
 
fishwhistle

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Everybody might as well get over it because none of this will ever be changed until its decriminalized federally,its not the businesses fault its the feds fault and its the way they want it,its one of their ways of fucking mj users.
 
putembk

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I have probably said this before and a little off topic but.....the only time I have ever been drug tested was when I was drafted by the US Army. I failed it on purpose. I had speed, Valium and marijuana show up in the test. I wish they would have fired me....that was my intention. I didn't want to be there and was willing to do most anything to get out. They didn't discharge me and I served the full 2 yrs. I guess if you work for the gov't it's ok.
 
LocalGrowGuy

LocalGrowGuy

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Everybody might as well get over it because none of this will ever be changed until its decriminalized federally,its not the businesses fault its the feds fault and its the way they want it,its one of their ways of fucking mj users.
It is still more profitable for the prison industrial complex to continue more and more privatization. There is so much more money with marijuana being illegal as opposed to legal. There is no way those affected would ever vote themselves out of a job.

It's frustrating to me when I hear the anti-mj or anti-mmj scream about no medical benefits and yet the government holds the patent on cannabinoids as treatment. What 'rights' the patent holder has I'm not sure. I'm thinking it could be a backdoor way to still prosecute those in the industry if legalization and/or decriminalization were to occur on a larger scale.

As long as mj remains a schedule 1 drug, there can't be testing or trials or studies done due to the language within the scheduling classification. Currently it has 'no medical value' and is highly addictive. It's going to be difficult to change those minds which would open the door to more and more studies of the medical benefits and potential risks of things like combustion of propylene glycol as a carcinogen or large scale clinical trials for sick kids with seizures. It's nice to think about but I do not think we will see full legalization.

Also:
Marijuana Opponents Using Racketeering Law to Fight Industry


excerpt, more at link:
A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits.

A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it — from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the defendants agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot at fire-sale prices.

With another lawsuit pending in southern Colorado, the cases represent a new approach to fighting marijuana. If the federal government won't stop its expansion, pot opponents say, federal racketeering lawsuits could. Marijuana may be legal under state law, but federal drug law still considers any marijuana business organized crime.

"It is still illegal to cultivate, sell or possess marijuana under federal law," said Brian Barnes, lawyer for Safe Streets Alliance, a Washington-based anti-crime group that brought the lawsuits on behalf of neighbors of the two Colorado pot businesses.

Lawyers on both sides say the Colorado racketeering approach is novel.

"If our legal theory works, basically what it will mean is that folks who are participating in the marijuana industry in any capacity are exposing themselves to pretty significant liability," Barnes said.

The 1970 Racketeer Influenced and Corrupt Organizations Act sets up federal criminal penalties for activity that benefits a criminal enterprise. The RICO Act also provides for civil lawsuits by people hurt by such racketeering — in this case, neighbors of the two businesses who claim the pot businesses could hurt their property values. If successful, civil lawsuits under the RICO Act trigger triple penalties.

Filed in February, the Colorado lawsuits have yet to go before a judge. But one has already had the intended effect.

In April, three months after the RICO lawsuit was filed, Medical Marijuana of the Rockies closed. Owner Jerry Olson liquidated his inventory by selling marijuana for $120 an ounce, far below average retail prices.

"I am being buried in legal procedure," Olson wrote on a fundraising Web page he created to fight the lawsuit. The effort so far has brought in just $674.

The closure came after the pot shop's bank, Bank of the West, closed the shop's account and was dismissed as a plaintiff.

"Its policy is never to offer accounts to recreational marijuana businesses," the court order said.

And just last week, a bonding company in Des Moines, Iowa, paid $50,000 to get out of the lawsuit.

"We are out of the business of bonding marijuana businesses in Colorado and elsewhere until this is settled politically," said Therese Wielage, spokeswoman for Merchants Bonding Company Mutual.

The case of the mountain pot shop shows that racketeering lawsuits can affect the marijuana industry even if the lawsuits never make it to a hearing.

"This lawsuit is meant more to have a chilling effect on others than it is to benefit the plaintiffs," said Adam Wolf, Olson's lawyer.

In the other Colorado lawsuit, against a dispensary called Alternative Holistic Healing, the pot shop isn't going down so easily.

Almost forgot. Fatman christie could be swapped as needed based on the audience. I don't discriminate, I hate everyone.
 
LocalGrowGuy

LocalGrowGuy

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Know Your Shit-

I was under the impression that a blood test showing 5ng/mL would be a DUI per se in Colorado, in other words anyone over the limit would be assumed guilty just like those who are pulled over with a BAC of .08 or higher.

I seem to be mistaken. From westword and links to a Fox31 piece.
http://www.westword.com/news/melanie-brinegar-acquitted-of-driving-stoned-and-heres-why-6936308

quote-unquote:
...As we've reported, legislation from 2011 and 2012 would have established THC intoxication at five nanograms per milliliter of blood and made this standard per se — meaning that a test registering five nanograms or more would have been seen as irrefutable proof of intoxication...In 2013, the five nanogram limit was still part of the legislation, originally known as HB 1114, but the per se language vanished from the measure, sponsored by Representative Rhonda Fields. Instead, the text referred to "permissible inference," which would allow people who register at five nanograms or above to present other evidence in court to prove that they weren't actually impaired, rather than being considered guilty as a result of the test reading.

And in case it isn't perfectly clear:
'McCallin, in his comments to the station, notes that when Brinegar was pulled over for an expired license plate tag, she wasn't weaving or driving erratically, and he argued in court that she performed roadside sobriety tests in a manner similar to people who are entirely sober. This approach won over the jury, which acquitted Brinegar last week. Expect future MMJ patients in similar situations to consider using her defense as a model for their own.'

This is a pretty big deal in my opinion, and I feel slightly better being a patient and being behind the wheel with low-but-not-non-zero amount of THC in my system.
 
muir

muir

566
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one of the accountants locally up here is involved in that RICO case and is costing him well into 6 figures fighting it.


Marijuana Opponents Using Racketeering Law to Fight Industry


excerpt, more at link:
A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits.

A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it — from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the defendants agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot at fire-sale prices.

With another lawsuit pending in southern Colorado, the cases represent a new approach to fighting marijuana. If the federal government won't stop its expansion, pot opponents say, federal racketeering lawsuits could. Marijuana may be legal under state law, but federal drug law still considers any marijuana business organized crime.

"It is still illegal to cultivate, sell or possess marijuana under federal law," said Brian Barnes, lawyer for Safe Streets Alliance, a Washington-based anti-crime group that brought the lawsuits on behalf of neighbors of the two Colorado pot businesses.

Lawyers on both sides say the Colorado racketeering approach is novel.

"If our legal theory works, basically what it will mean is that folks who are participating in the marijuana industry in any capacity are exposing themselves to pretty significant liability," Barnes said.

The 1970 Racketeer Influenced and Corrupt Organizations Act sets up federal criminal penalties for activity that benefits a criminal enterprise. The RICO Act also provides for civil lawsuits by people hurt by such racketeering — in this case, neighbors of the two businesses who claim the pot businesses could hurt their property values. If successful, civil lawsuits under the RICO Act trigger triple penalties.

Filed in February, the Colorado lawsuits have yet to go before a judge. But one has already had the intended effect.

In April, three months after the RICO lawsuit was filed, Medical Marijuana of the Rockies closed. Owner Jerry Olson liquidated his inventory by selling marijuana for $120 an ounce, far below average retail prices.

"I am being buried in legal procedure," Olson wrote on a fundraising Web page he created to fight the lawsuit. The effort so far has brought in just $674.

The closure came after the pot shop's bank, Bank of the West, closed the shop's account and was dismissed as a plaintiff.

"Its policy is never to offer accounts to recreational marijuana businesses," the court order said.

And just last week, a bonding company in Des Moines, Iowa, paid $50,000 to get out of the lawsuit.

"We are out of the business of bonding marijuana businesses in Colorado and elsewhere until this is settled politically," said Therese Wielage, spokeswoman for Merchants Bonding Company Mutual.

The case of the mountain pot shop shows that racketeering lawsuits can affect the marijuana industry even if the lawsuits never make it to a hearing.

"This lawsuit is meant more to have a chilling effect on others than it is to benefit the plaintiffs," said Adam Wolf, Olson's lawyer.

In the other Colorado lawsuit, against a dispensary called Alternative Holistic Healing, the pot shop isn't going down so easily.

Almost forgot. Fatman christie could be swapped as needed based on the audience. I don't discriminate, I hate everyone.
 
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