If Proposition 203 passes in Arizona, employers can say goodbye to the drug-free work place, and hello to employment for life.
Prop. 203 is called medical marijuana, but it’s really legalization. In other states with this law, anyone can get a marijuana card and smoke pot legally.
According to records seized by the Drug Enforcement Administration from 3,636 dispensaries in San Diego from October 2005 to July 2006, only 2 percent of cardholders had serious illnesses like AIDS, cancer or glaucoma. The other 98 percent cited illnesses such as insomnia, muscle spasms, anxiety, headaches or back/neck/post-surgical pain. Overall, 72 percent of those users were under the age 40.
The problem for employers isn’t just that Prop. 203 effectively legalizes marijuana, but it also gives marijuana cardholders special rights. The “Discrimination Prohibited” section of Prop. 203 states:
“An employer in Arizona may not discriminate against a person in hiring, cannot discipline, or terminate because of the person’s status as a cardholder or because they tested positive for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment.”
No one can be fired or even sent home for the day unless clearly impaired, and the burden of proof is on the employer. And Proposition 203 gives employers no guidelines and never defines impairment. It’s one person’s word against another’s, and marijuana cardholders are a protected class.
Proposition 203 not only prohibits employers from “discriminating” against medical marijuana users, it also prohibits employers from taking adverse action without providing a specific remedy to the employee. In other words, you’re not supposed to fire a marijuana user, you can only correct their behavior.
Marijuana is known to destroy motivation, but if the employee is performing poorly at work because they smoke marijuana, your hands are tied. Proposition 203 creates a whole new tort claim for wrongful termination, which could include punitive damages.
Adding to the problem, marijuana users get the confidentiality of any medical patient. As an employer, you can’t ask if they’re a marijuana cardholder. The confidentiality of patients with medical marijuana cards is protected. Proposition 203 doesn’t even allow a medical review officer to authenticate the medical marijuana card on behalf of an employer. This means an employer has no way of verifying the employee’s claim that he or she has a permit to use medical marijuana. But if they do have a card, then they have certain rights the employer must respect.
However, the biggest threat to Arizona businesses will be liability. Even if the job includes operating a motor vehicle or heavy equipment, employers can’t ask if the employee uses medical marijuana. But if an employee comes to work high and injures someone or damages property, the employer is responsible.
This sounds like an excerpt from Catch-22, but come Nov. 3 it might be state law. The polls are running 60-40 in favor of passing Prop. 203 because most people believe the story that it will only give marijuana to a small handful of cancer patients. And, amazingly, most of Arizona’s politicians and business owners haven’t lifted a finger in opposition. Perhaps marijuana has sapped their motivation as well.
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Doug Hebert is a board member for the Partnership for a Drug Free America, and a steering committee member for Keep Arizona Drug Free.
ggoblin posted at 11:31 am on Wed, Sep 29, 2010.
this says it all..--> Doug Hebert is a board member for the Partnership for a Drug Free America, and a steering committee member for Keep Arizona Drug Free.
so doug how much funding you stand to lose when passed? shame on you.
and how long did you attend medical school?
prop 203 gives people the same rights as people taking already prescribed and widely used addictive harmfull and synthetic pain meds. id rather be on the roads with the marijuana users who dont suffer the effects of the oxys, hydrocodonones, flexall, tylenol with codine just to name a few
where do you people get your info from? 1930's propaganda?
vote yes for prop 203
mjs123 posted at 12:17 pm on Wed, Sep 29, 2010.
Medical marijuana is a hoax. The Federal government needs to come in and repeal all medical marijuana programs. It is destroying families especially those with teens who can legally access this and have become pot dependent. Medical marijuana is legalized marijuana. Anyone can qualify for a medical marijuana card with fake pain, money and a quack doctor. Marijuana for medicinal purposes like Marinol should be approved by FDA. This law needs to start at the Federal level.
ggoblin posted at 12:46 pm on Wed, Sep 29, 2010.
Medical zanax is a hoax. The Federal government needs to come in and repeal all medical zanax programs. It is destroying families especially those with teens who can legally access this and have become zanax dependent. Medical zanax is legalized zanax. Anyone can qualify for a medical zanax card with fake pain, money and a quack doctor. zanax for medicinal purposes like prozak should be approved by FDA. This law needs to start at the Federal level.
this sounds more believable
Bri-Man posted at 1:53 pm on Wed, Sep 29, 2010.
mjs123.....the fact is that this DOES start at the federal level. The fed has the right to prosecute for possession and distribution of mari-j. California passed a similar prop years ago and the fed took a hands off approach and have rarely done anything about it. Sound familiar???? Fed only enforcing laws when they FELL LIKE IT?
Your crazy if you think this is "destroying" families. If you think it's going to make it any easier for the kids to get pot than it is now, your dillusional. Alcohol should be the illegal drug.....it's the one that kills people.
Buzzby posted at 2:17 pm on Wed, Sep 29, 2010.
I am unclear as to why Mr. Hebert would want to discriminate against an employee who is not impaired on the job. If alcohol was detectable for a couple of weeks, as cannabis is, would he want to fire, send home, or not hire someone because he'd had a couple of beers three days before?
This is nothing but prejudice in favor of a traditional recreational drug over one that is less familiar. Despite that status, marijuana is, by any measure you might want to take, a far safer recreational drug than alcohol.
I would much rather work next to a person who had smoked marijuana the night before than one who was popping narcotic pain pills on the job. The former would have no effect on his performance. The latter might make him sloppy enough to get me killed.
RecoveryDoc posted at 8:15 pm on Wed, Sep 29, 2010.
98% of the so-called medical marijuana goes to people with no serious medical problem. Yet the Marijuana Policy Project is spending $1 million to convince Arizona it's just for the seriously ill. How can you pretend this is for seriously ill people when it is so obviously not. New Mexico has a real medical marijuana law where the pot only goes to people who are sick. This one in Arizona was designed by pot-smokers and the only people who benefit are pot-smokers. And it's pot-smokers who are so selfish they don't care how harmful this is to the rest of the state. You guys are so unethical you give drug addicts a bad name.
trommy posted at 6:33 pm on Thu, Sep 30, 2010.
"Marijuana is known to destroy motivation"
I would like to know what makes you an authority on this Doug. You seem to be making a lot of assumptions and conjecture about people who need medical cannabis and have a licensed physician who agrees with that. Where is your scientific evidence of this statement and many of the others you have made. This type of reefer madness has no truth and it is how selfish minds try to control the masses. I personaly know people who make well into the 6 figures have happy family's and are extremely motivated in their jobs and life. They also use cannabis to relieve pain and to relax. Instead of using toxic pain killers and alcohol.
You see Doug if you look at the science behind Cannabis you would understand that it's safer than aspirin. Yearly deaths from over the counter pain relievers 7600, deaths from alcohol 85000. Doug get this, death from Cannabis 0. That's Zero Doug! If people need a safe alternative to deadly liver killing pain medicine and it works for them who are you to be their Judge and why are you trying to scare people with nonsense? Cannabis is safer than alcohol. Many patients say that nothing works as well and they dont have the side effects of death.
Leave them alone Doug it's an extremely selfish attitude sir. Let them get it legaly without fear of incarceration and having to find it in dangerous places. The only ones that thinking serves is people like you, criminal drug pushers who do not ask children for an ID, Cartels, Lawyers and Sherrifs departments who need to show larger numbers to get more funding.
concernedcitizen posted at 6:57 pm on Fri, Oct 1, 2010.
Anyone can rationalize to get what they want. If they really want to legalize "medical" marijuana (why is it medical if you have to smoke it? Can't you just take it in pill form instead??), why can't we legalize it the proper way instead of the way it is being pushed on us this election season?
I'm not against people using it for medical reasons, IF THEY REALLY NEED IT and it isn't just a want. Most things can be taken care of via other OVER THE COUNTER medicines. The article hits the nail on the head, it will end up being like in CA, where the majority of people that get prescriptions are doing it just so they can get high.
I know of 5 children(at least) that have had their lives endangered because their birth parents did marijuana and did stupid things to them. Don't tell me that it is less harmful than alcohol. The fact is, it is still harmful, and wrong is wrong. Unfortunately, most in society today seem to ignore right vs. wrong, and only think of what do I want this second vs. how can I get this thing that I want? (yes, I said that last part intentionally that way)
ggoblin posted at 12:46 am on Sat, Oct 2, 2010.
you dont have to smoke it but is a form of ingestion you can use that is effective.
what is the proper way? are you against democracy? it is not being pushed on anyone and is not being pushed as legalization.
it is for medical marijuana to protect patients. an intiative by the people, for the people. vote yes prop 203
im sure marijuana didnt induce their stupidity, great so you know one truthfull fact about marijuana vs alcohol, um actually if ya want to get nitty gritty about it ,its not harmfull,could cause sore throat if smoked. ever really divulge your self into the subject? or you just believe everything your told to believe, ever heard of the indian hemp commision?
the smear campain from the 30's was very effective and anslinger and hearst among many others became very wealthy over it. but hearst always carried a hatred for mexicans because of poncho villa.
wrong is wrong , amen to that thats why i speak truth.
your right people do ignore right vs wrong even when the truth is right in their face and they refuse to open their eyes and look ,wonder and ask questions or seek truth. its frustrating.
do you even know the real true reason why marijuana is illegal in the first place? from the sounds of your post you have believed what your told you are suppose to believe, and i dont blame you i blame the person spreading misinformation and not truth
Soozan posted at 4:20 pm on Sun, Oct 3, 2010.
For an extremely well organized list of medical research on mj and the multitude of conditions it helps, you can email Granny: i.wantgrannyslist@greenpassion.org
She continues to compile this information today, so you will get the most updated version simply by asking, and it will blow you away! 250!! pages of links to medical research- far beyond helping glaucoma and nausea issues associated with chemo and AIDS.
Anyone who dares to express that this is about recreational pot smokers hasn't done their research. Legalizing mj as a recreational drug would also be wise, especially when it comes to tax money, and legalizing hemp, which is not a plant one would want to smoke (very low THC content, NOT a drug cultivated for recreational use), and has its own vast amount of research backing up the many many uses of it's fibers and protein content. HOWEVER, legalizing mj for medicinal use is important on its own merits. How dare anyone deny those who most could use it to have a higher quality of life?
I'd bet anything that those who are crying out against prop 203 would change their tunes if they or a loved one were sick enough to warrant using mj to ease their symptoms.
jinx69 posted at 8:26 pm on Thu, Oct 7, 2010.
Well let me start off by saying I FULLY AGREE with Soozan! I Just had another very invasive surgery, I had C-4, C-5 spinal fusion, plates, screws, the whole nine yards. This was my 14th surgery to date. Now for years "doctors" have been perscribing me every pain medication available. Vicodin at first, with a few Soma, and Amitripoline to help me sleep. When that no longer cut it, they upped my dose. Eventually I was literally popping 10, 7.25/ 325mg Percocet, 10- 350 mg Soma, and usually drinking 6-12 beers to kick in the pharmasuitacals. Now after my current surgery, I have a buddy who has back trouble and recomended smoking weed for my pain instead of tearing up my liver with the pills, and booze. At first, I told him," you are crazy I'm not gonna do drugs"! Well, needless to say he was persistant. I couldn't imagine my life without it. My Neuro Surgeon agrees!
sk1951 posted at 2:33 pm on Mon, Oct 11, 2010.
Total BS! And anti pot rhetoric. Drugs of any kind...just like alcohol...are under the same code of disciplinary action. What really p's me off is that the prohibitionist assumes they are so much smarter and superior than everyone else. Personal freedom does not equate total stupidity. Abuse of privilege comes with consequences. Yes there are idiots out there that will abuse but I will vote and support anything that will stop this ridicules global drug cartel war. The negative ramifications of prohibition light years out way the negative ramifications of a few idiots smoking weed for fun. What would God truly say about all this? If I can exchange a few people in rehab over this drug war…I think the question in itself points to who really is stupid in this equation. [sad][sad]
Kathy posted at 9:05 pm on Thu, Oct 14, 2010.
I have been in marijuana reform since 2008 here in Phoenix, and have met many people and learned many things along this path. We run the Phoenix NORML chapter, the National Organization for the Reform of Marijuana Laws. I began doing this because I want to save lives and encourage a peaceful society.
People are being prescribed pills en mas in our country by doctors, every day. These pills break down our liver and kidneys over time, while giving most people stunning side effects along the way.
Marijuana is a safe and effective Natural alternative to these prescription drugs, which can kill a human by overdose and are highly addictive. Marijuana has never killed a human being on record, and is not habit forming.
Four out of five states surrounding Arizona have given their patients the right to choose a safer alternative, and it is beyond time we had this liberty in our state. California is not the only state who has this right, they are just the worst example. Nevada, Colorado, and New Mexico enjoy both medicinal and in some cases decriminalized marijuana rights, and they are certainly not having the trouble that California does. Why should Arizonans have to incur a Felony conviction for taking something that is Safer by far than prescribed medicine?
The Prop 203 Bill is very tight, and does not allow for those without legitimate ailments to obtain marijuana. Please do your research, folks, and do not take the word of someone who obviously has not even read our state's bill like the fellow from Drug Free AZ who wrote this article.
Please join us- Meetings are always free
PhoenixNORML.net
For information on Arizona's medical marijuana bill, please visit StopArrestingPatients.com
Kathy
Phoenix NORML
Kathy posted at 9:08 pm on Thu, Oct 14, 2010.
Partnership for a Drug Free America, my mistake
Cannabest posted at 9:32 am on Fri, Oct 29, 2010.
We need to legalize marijuana.
Prohibition historically has never worked, and when there is high demand for a drug that is NOT addictive and NOT dangerous, people are going to get it. Why not tax that? Why not stop funding the border crisis? Almost all weed coming into Arizona comes from Mexico.
The "gateway drug" argument is a complete sham and works against itself: when people try marijuana and see how harmless it is, it only underlines the fact that our government LIES, and makes it seem like other drugs are harmless too.
Marijuana is FAR LESS dangerous than tobacco and alcohol. People who are stoned are sitting at home eating cheetos on a saturday night, when there are teens and young adults out there at bars who drive drunk and kill people.
Wake up Arizona.
joelbrattin posted at 10:54 am on Fri, Oct 29, 2010.
I was going to comment but Buzzby said it so well, I thought I would just copy and repost his...the first sentence hits the nail on the head. Why would these people look for reasons to discriminate if they are not apparently impaired?
"I am unclear as to why Mr. Hebert would want to discriminate against an employee who is not impaired on the job. If alcohol was detectable for a couple of weeks, as cannabis is, would he want to fire, send home, or not hire someone because he'd had a couple of beers three days before?
This is nothing but prejudice in favor of a traditional recreational drug over one that is less familiar. Despite that status, marijuana is, by any measure you might want to take, a far safer recreational drug than alcohol.
I would much rather work next to a person who had smoked marijuana the night before than one who was popping narcotic pain pills on the job. The former would have no effect on his performance. The latter might make him sloppy enough to get me killed."
So many people have hit it on the head. The reasons for legalization are so abundant and ridiculously apparent that fools that say things like "Marijuana ruins families" are becoming the minority.
Ray posted at 11:40 am on Tue, Nov 2, 2010.
I hate these kind of articles .. A person who drives on Marijuana will be prosecuted .. go to work stoned and you'll be fired .. the same way that if you have a precription for Hydrocodone and use it at work you will be fired .. if your against this law then use your logical reasons why it's a bad law . . don't make up stuff . . it just continues the lie lie lie pattern that has become our way of campaining. . look it up, read the law and what it says BEFORE you say these things ..
trommy posted at 11:44 am on Fri, Nov 26, 2010.
Prop 203 wins! By a narrow margin the informed independent thinkers outweighed the ignorance from a former time. This is a good thing for society and for freedom.
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