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

Posted on 6/15/15 at 11:51 am to
Posted by The Boat
Member since Oct 2008
164356 posts
Posted on 6/15/15 at 11:51 am to
You can get fired for off duty anything by a private company. It's pot so this is a big story for some people.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 6/15/15 at 11:51 am to
6 bank accounts just thanked big pharma
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423842 posts
Posted on 6/15/15 at 11:51 am to
this isn't going to be an issue in most states. CO has some weird employment protection law that may have made firing workers illegal
Posted by lsunurse
Member since Dec 2005
129045 posts
Posted on 6/15/15 at 11:51 am to
quote:

FT. Worth fireman got canned a couple of days ago for a DUI charge, the pd's policy is to fire any cop that get's charged with one immediately




You lose your nursing license if you get a DUI and don't immediately report it to your state board of nursing and follow their program for DUIs and testing positive for drug use.
Posted by CCTider
Member since Dec 2014
24211 posts
Posted on 6/15/15 at 11:53 am to
quote:

this isn't going to be an issue in most states. CO has some weird employment protection law that may have made firing workers illegal


It wasn't illegal, because marijuana is illegal federally. I explained the suit in a couple pages back.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 6/15/15 at 11:54 am to
quote:

You lose your nursing license if you get a DUI and don't immediately report it to your state board of nursing and follow their program for DUIs and testing positive for drug use.



a person in my line of work gets a DUI above a certain BAC, they pull their medical certificate and make them go into the EAP
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 6/15/15 at 11:55 am to
quote:

It's really not that bad anymore, because the recreational supply had skyrocketed over the last 6 months. You can still buy an ounce in Colorado REC for $100-120, though much more at done of the trendier dispensaries. So it's so a third of the price as in the south, and much stronger and FRESHER!



Good to know. The prices when they first legalized it were pretty high for a weed that was legal to grow.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423842 posts
Posted on 6/15/15 at 11:57 am to
quote:

and it would've been struck down by the feds.

it was a state-court issue. i don't see how the feds would get involved.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 6/15/15 at 11:59 am to
quote:

You lose your nursing license if you get a DUI and don't immediately report it to your state board of nursing and follow their program for DUIs and testing positive for drug use.



Thats not that strict. I work under the Feds. If i get arrested for anything, I'm flipping burgers at burger king.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423842 posts
Posted on 6/15/15 at 11:59 am to
quote:

It wasn't illegal, because marijuana is illegal federally. I

yeah but they could have come down the other way if they wanted. they were interpreting a state issue

most states will not have that issue. this will be SOP in most states and a court decision will not be necessary
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67593 posts
Posted on 6/15/15 at 12:01 pm to
quote:

the pd's policy is to fire any cop that get's charged with one immediately


Which reminds me...what happened to the BRPD cop that drove his car in the lake with a woman passenger...I doubt he was fired or charged with DUI
Posted by lsunurse
Member since Dec 2005
129045 posts
Posted on 6/15/15 at 12:03 pm to
quote:

Thats not that strict.


Well they have realized that substance abuse is a big problem in nursing. So they offer a path to keep your license....but you have to work for it.



Weekly drug tests(that you pay for). You might have to work in a different area of nursing(you can't have access to any narcotic meds for like a year or two). So that means no working in ERs, ICUs, etc. Also cannot work nights and are under strict supervision. Your name published in the state nursing newsletter to let others know of your restricted status.
Posted by Teddy Ruxpin
Member since Oct 2006
39617 posts
Posted on 6/15/15 at 12:04 pm to
Ya, this was a pretty common sense "no shite" decision to me but I've seen this discussed on here before as if it wasn't.
Posted by brass2mouth
NOLA
Member since Jul 2007
19722 posts
Posted on 6/15/15 at 12:04 pm to
quote:

The bottle clearly states, "do not operate heavy machinery."

That pretty much rules out driving a car much less anything else.


Exactly, and if that's how you make a living, you're SOL. Like I said they may try to work with you initially but if it's long term you can be let go.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 6/15/15 at 12:07 pm to
quote:

Weekly drug tests(that you pay for)


When did this start? My father was a doctor and he partied pretty hard. He retired 3 years ago (stating for time reference and when this law was created).
Posted by CCTider
Member since Dec 2014
24211 posts
Posted on 6/15/15 at 12:09 pm to
quote:

Good to know. The prices when they first legalized it were pretty high for a weed that was legal to grow.



That was because dispensaries were required to grow 75%+ of all flower they sold. But after 6 months, they part of the law kicked in, allowing outside product to be purchased and sold. That dramatically increased the supply and competition. It's also why they are coming out with brands like Kindman, Bob Marley, and Willie Nelson.

That's why I was in Louisiana for five years, I never got a Louisiana license. I was in Colorado for one week, and got a CO license. Medical was insanely cheaper back on August. But so much anymore. Especially if you use a coupon.


Yes. I said I buy my weed with coupons and credit cards.





God Bless Colorado.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 6/15/15 at 12:09 pm to
quote:

Exactly, and if that's how you make a living, you're SOL


Thats how I make a living and totally agree. Being medicated on the job like that is not going to be safe.
Posted by lsunurse
Member since Dec 2005
129045 posts
Posted on 6/15/15 at 12:10 pm to
I'm speaking for nurses though. This is all through the nursing boards so nothing to do with doctors. I've known a handful of nurses that had to go through this program. 2 got DUIs; one tested positive for weed on a random drug screen. Another tested positive for cocaine when she went to employee health about a spider bite she received at work and they did a drug screen on her. Depending on the state nursing board...some may even make you go to rehab depending on the situation.
This post was edited on 6/15/15 at 12:12 pm
Posted by CCTider
Member since Dec 2014
24211 posts
Posted on 6/15/15 at 12:11 pm to
quote:


yeah but they could have come down the other way if they wanted. they were interpreting a state iss


Absolutely they could've. But nobody in Colorado expected them to rule opposite of the lower courts. Colorado isn't a liberal as people in the south think it is. And working in my industry, I see a really good cross section of the average, blue collar worker.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21601 posts
Posted on 6/15/15 at 12:14 pm to
quote:

This. Employers right to ban recreational use of substances. They can ban alcohol if they wanted. However, if a doctor prescribes Marijuana, I think its fricked up they can get fired for that if used entirely off-duty. I can get fired for taking a bunch of pain killers I'm not prescribed to and failing a drug test, but if I have migraines and they are prescribed I am completely protected by law.


This will be a legitimate argument when the first medical marijuana clinic ever turns away a cash carrying "patient" seeking a prescription.
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