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Medical Marihuana
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Medical Marihuana
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Well Montana now has a medical marihuana act.
I was just wondering if anyone else is in a state that has this and how they have dealt with it in their employee handbook. Do you address it at all? D
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Forums » Topic Forums » General Forum » Medical Marihuana
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Medical Marihuana
posted at 9/17/2010 6:07 AM EDT
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Posts: 189
First: 9/27/2000 Last: 9/14/2011 |
Well Montana now has a medical marihuana act.
I was just wondering if anyone else is in a state that has this and how they have dealt with it in their employee handbook. Do you address it at all? Do you require them not to smoke it at work? Any other issues? Thanks |
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Medical Marihuana
posted at 9/17/2010 9:54 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I wouldn't either. I think my take would be that if you've got a policy against coming to work under the influence of alcohol or any drug that would impair performance or jeopardize safety, then that would still apply.
The lawsuits are already being filed on this very issue. |
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Medical Marihuana
posted at 10/5/2010 5:59 AM EDT
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Posts: 1
First: 10/5/2010 Last: 10/5/2010 |
I work at a temporary staffing agency in Vermont. We have a staffer who disclosed during his intake interview that he had a medical marijuana card. He offered (and we kept) a copy of it to have on file. He was required to read and sign off on our substance/drug policies just like everyone else, which he did. It hasn't been an issue so far. |
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Medical Marihuana
posted at 10/5/2010 9:49 AM EDT
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Posts: 3
First: 10/5/2010 Last: 10/20/2010 |
I administrate the drug testing program for a PEO in Hawaii where we have had medical marijuana for several years. As long as the employee has a valid prescription by a medical doctor and has the state-issued card, we treat it like any other prescription drug an employee is taking. We utilize a state-certified testing lab to do our tests and the Medical Review Officer is the person who verifies the prescription before reporting it to us as a negative. An employee who does not have the state-issued card would be considered positive for marijuana and be subject to the disciplinary policy. All of this complies with state law. Problems arise when you have an employee subject to federal laws such as drivers who fall under a federal DOT testing program, as I believe the federal laws do not recognize state medical marijuana laws. This is not something I have had to deal with personally however, as we do not run a DOT testing program. |
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Medical Marihuana
posted at 10/7/2010 1:33 PM EDT
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Posts: 18
First: 5/20/2009 Last: 4/19/2011 |
I have locations in MT as well. Since we already have an established drug and alcohol policy, and medical marijuana violates this policy, the accommodation we make is to allow an employee with a valid prescription to take an approved medical leave of absence during the course of treatment. The individual is required to submit to drug testing prior to returning from leave. This is no different from any other drug that would impair an employee's ability to work in a safe environment. |
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Medical Marihuana
posted at 10/12/2010 12:01 PM EDT
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Posts: 3
First: 10/5/2010 Last: 10/20/2010 |
I disagree with Pinni's approach. I think you may be setting yourself for a discrimination lawsuit. Like it or not, Medical marijuana is a drug prescribed by a doctor, and under HIPPA laws, I don't believe the employee is obligated to disclose his prescrition, any more than an employee who is taking Vicodin for a bad back. Also, it is frequently prescribed for chronic diseases or illnesses, so you may be looking at carrying that employee on a medical leave of absence for a very long time. Refusing to continue employment because an employee is folowing a treatment program prescribed by his doctor, is is setting your company up for trouble, especially if the employee is able to do his assigned job tasks.
Some of people worry that the employee will be smoking joints in the break room, but in all the years I've been administrating a drug testing program, I have never seen that happen. I administrate a drug testing program for a PEO with some 700 employees and approx. 170 client companies, so I do feel I have a reasonably broad base of experience to say that. I think you can set a policy where you prohibit employees from smoking during working hours on company property, but you should probably consult an attorney on that since you may be preventing an employee from following his doctors treatment plan. |
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Medical Marihuana
posted at 10/12/2010 1:55 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Reinertson all anyone has to do is conduct a drug screening and the employee test positive for marijuana. Whether it is so called medical mj or not, the employer is well within any legal, moral or ethical right to terminate the employee for a positive drug test. |
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