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re: Colorado Supreme Court: workers can be fired for off-duty marijuana use

Posted on 6/15/15 at 11:19 am to
Posted by goldennugget
Hating Masks
Member since Jul 2013
24514 posts
Posted on 6/15/15 at 11:19 am to
quote:

Is anyone really surprised at this? A number of employers prohibit the use of marijuana.


Any time a thread on the MSB pops up about an athlete getting caught with marijuana and receiving a suspension there is always a conga line of comments that say something along the lines of "Who cares? Marijuana should be legal, people shouldn't be punished for it, its better for you than alcohol..." and forgetting to realize that the law and being in compliance with the rules of a sports organization/team are two different things.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/15/15 at 11:19 am to
quote:

Legal substance when Rx'd.
Marijuana is still a Schedule I, unfortunately.


This is the Colorado Supreme Court. In Colorado, its legal.
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29267 posts
Posted on 6/15/15 at 11:19 am to
quote:

Same could be said of opiates and those are allowed



not without a Rx.

with a Rx, opiates are 100% legal. Marijuana is still federally a schedule 1 narcotic.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71547 posts
Posted on 6/15/15 at 11:19 am to
quote:

Again....how can it be proven it was used solely off duty though?



You can frame this argument with a lot of things in business. How can you tell if a person didn't have insider knowledge when trading stocks? How can you tell if an employee tells his wife classified information? I'm sure there are regression models out there for marijuana in the blood stream over time. If he's prescribed marijuana, it should have some sort of usage amount.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/15/15 at 11:20 am to
quote:

Any time a thread on the MSB pops up about an athlete getting caught with marijuana and receiving a suspension there is always a conga line of comments that say something along the lines of "Who cares? Marijuana should be legal, people shouldn't be punished for it, its better for you than alcohol..." and forgetting to realize that the law and being in compliance with the rules of a sports organization/team are two different things.



I agree with this.

Also, I think if an athlete was legally prescribed medicine, they should not be punished for taking it.
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29267 posts
Posted on 6/15/15 at 11:20 am to
quote:

In Colorado, its legal.


on a federal level it's not though. that's where it gets tricky.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 6/15/15 at 11:20 am to
i fire my employees if they drink off duty, so i agree with this.

I also fire them if they are prescribed scheduled drugs.
This post was edited on 6/15/15 at 11:21 am
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71547 posts
Posted on 6/15/15 at 11:20 am to
quote:

with a Rx, opiates are 100% legal. Marijuana is still federally a schedule 1 narcotic.



quote:

Colorado Supreme Court: workers can be fired for off-duty marijuana use
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/15/15 at 11:20 am to
quote:

not without a Rx.

with a Rx, opiates are 100% legal. Marijuana is still federally a schedule 1 narcotic.




Again, in Colorado it is legal and this was the Colorado State Court.

Posted by ManBearTiger
BRLA
Member since Jun 2007
21867 posts
Posted on 6/15/15 at 11:21 am to
quote:

I guess people can be fired for taking Lexapro or bi-polar medicine too?


That should certainly be allowed.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/15/15 at 11:21 am to
quote:

on a federal level it's not though. that's where it gets tricky.



Not really.

Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29267 posts
Posted on 6/15/15 at 11:21 am to
with THC breathalyzers, the employer could tell the level of THC in the users body. (basically tell if they are high or not)
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 6/15/15 at 11:23 am to
quote:

For what should you get prescribed it? I think only terminally ill patients should be prescribed it.

Insomnia, anxiety, muscle spasms lol


Are you joking? I can't tell if this is a troll.
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29267 posts
Posted on 6/15/15 at 11:23 am to
quote:

Again, in Colorado it is legal and this was the Colorado State Court.



Basically, if a federal and state law contradict, then when you're in the state you can follow the state law, but the feds can decide to stop you.

When there is a conflict between a state law and federal law, it is the federal law that prevails.

For example, if a federal regulation prohibits the use of medical marijuana, but a state regulation allows it, the federal law prevails.
This post was edited on 6/15/15 at 11:24 am
Posted by ManBearTiger
BRLA
Member since Jun 2007
21867 posts
Posted on 6/15/15 at 11:26 am to
quote:

i fire my employees if they drink off duty, so i agree with this.

I also fire them if they are prescribed scheduled drugs.





Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29267 posts
Posted on 6/15/15 at 11:27 am to
quote:

I also fire them if they are prescribed scheduled drugs.


no you don't. that is completely illegal and they would sue the shite out of you.
Posted by GreatLakesTiger24
One State Solution
Member since May 2012
55888 posts
Posted on 6/15/15 at 11:27 am to
I suppose they should have that right but I would only fire people if they came to work high.
Posted by CCTider
Member since Dec 2014
24214 posts
Posted on 6/15/15 at 11:28 am to
They are developing tests for cannabis that will detect influence instead of it just being in your system, mainly for dui purposes.

I hate this ruling, but expected it. There are some people stuck in a 1930a reefer madness mentality. But ignorance doesn't change the federal illegality of the substance.

Doctors do not prescribe marijuana, they "recommend" it's use. So basically, this decision is pretty much delaying the inevitable. Once the federal government changes medical marijuana laws, and remove it from being a schedule 1 narcotic, they'll begin to allow actual prescriptions, instead of recommendations. Then medical marijuana patients will have the same worker protections as any other prescription drug, like opiates and benzos.
Posted by CCTider
Member since Dec 2014
24214 posts
Posted on 6/15/15 at 11:28 am to
quote:


I suppose they should have that right but I would only fire people if they came to work high


I smoke, and I'd fire someone if they showed up to work high.
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29267 posts
Posted on 6/15/15 at 11:28 am to
quote:

I would only fire people if they came to work high.


just like alcohol. I agree. the THC breathalyzer will change the private work place for the better IMO.
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