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Visit diversity's column >>

DIVERSITY

Wise Owl
Articles Posted: 24  Links Seeded: 92
Member Since: 8/2008  Last Seen: 4/30/2012

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California Medical Marijuana Patients versus Drug Testing for employment

Wed Feb 8, 2012 2:36 PM EST
us-news, marijuana, medicine, employment, drug-testing, herb, federal-law, state-of-california
By diversity

Live Poll

Should Marijuana Patients be denied employment?

View Results
  • 175416
    Yes
    7%
  • 175417
    No
    93%

VoteTotal Votes: 15

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I was laid off  last year by a well known international company on May 3rd, 2011 a long with 38 people. Needless to say I had 2 surgeries that same week and I was able to land the disability that I had paid into with my own money.  Well that tax free disability ended yesterday.....so I start calling jobs and am open about my medical Marijuana prescription because I view it as a medicinal herb not a street drug like Meth or Cocaine.  They have a copy on file at my last employer who did say I am eligible for rehire if another opening comes up & they let me stay on board for 5 yrs before the mass layoff due to lack of sales.  I live in California where "Pot Shops" are on every corner, people walk down the street puffing feeling free out here as it should be anyway.  So I talk to an employment recruiter yesterday who is behind me all the way but she says (regarding my prescription) "Herbalife (the company she wants me to interview at,no pun intended) goes by Federal law not State law"....what baloney, if the company is in the state than it should abide by the state unless its terribly drastic.  My work is proficient and my medicinal usage did not once affect my work (even won an award), nor did I take it during working hours.  So now I feel caught between a rock and hard place because I don't feel I should have to hide what my doctor gave me which has had tremendous results on my medical condition.  Living in a state with the most permissive laws in the country I find it absurd that a Japanese international owned company allowed me to work, but not an American company based here in Los Angeles well at least Herbalife.  I haven't responded to the offer yet because I feel like I have to run to the "head shop" and go spend $30 on something thay may or may not mask it.  There are companies who only do background checks, but drug testing is intrusive and expensive for most companies.  People are on all kinds of prescriptions that are much more mind altering than an herb that grows in the ground, like Xanax, Prozac, Valium, Vicodin...etc. Oh but that's ok...(sarc)  I am not going to give up what my doctor has helped me with to tremendous results just because some company wants to poke into to private life.  I have made it this far and I have enough faith that someday this won't be such a bump in the road for patients who want to get out there and work effectively & proficiently.  Not everyone is a Beavis and Butthead.

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  • Public Discussion (4)
kazutam

People are on all kinds of prescriptions that are much more mind altering than an herb that grows in the ground, like Xanax, Prozac, Valium, Vicodin...etc. Oh but that's ok...(sarc)

It would seem to me that the ONLY way this issue is going to be resolved is to go ahead and respond to the offer, DO NOT get a cleaner take the drug test and see what happens.

IF they decide not to hire you, and you are told that it is because you came up positive for THC on their drug test, then you could file a "discrimination" lawsuit.

Because after all, I believe that you DO have to have a prescription even in California to be legal with your usage.

Now if they will allow folks to be hired that have prescriptions for those other drugs, but NOT you, well I don't know how much clearer of a discrimination case you could have.

Unless and until some folks take companies to court on this issue nothing will ever change.

I wonder if NORML would help you with legal representation if you explained to them what you want to do.

  • 1 vote
Reply#1 - Wed Feb 8, 2012 3:26 PM EST
diversity

Good advice kazutam...I remember the guy in Michigan who had a brain tumor and they fired him from Walmart and he fought it. I agree with you that if more patients took action we could get some resolution & I never considered NORML until you just mentioned it. I will check into that. Thank you ..

  • 1 vote
Reply#2 - Wed Feb 8, 2012 3:40 PM EST
kazutam

No prob.

I'm an unrepentant smoker is an unenlightened state, so I simply won't apply anywhere that requires testing.

  • 1 vote
#2.1 - Wed Feb 8, 2012 4:00 PM EST
Reply
countrygirl78

Never saw this one coming. Hello Supreme Court?

  • 2 votes
Reply#3 - Fri Feb 10, 2012 2:49 PM EST
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