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Started By
Message
re: Medical MMJ and work drug screens
Posted on 11/15/22 at 12:45 pm to bushwacker
Posted on 11/15/22 at 12:45 pm to bushwacker
Your right to smoke ends where your employer's right to expect a drug free workplace begins.
Okie dokie Smokey?
Okie dokie Smokey?
0
Posted on 11/15/22 at 12:47 pm to bushwacker
This has been fascinating for me. I worked in a zero tolerance industry(plant life) for 20 years. I finally found a better job…..and lo and behold there is no drug testing for office personnel and only pre-employment for the field guys.
I have nerve pain in my shoulder that no amount of Gabapentin/opioid/shot would even come close to taming. So I have clinic issued maryjane also. But honestly, if I were drug tested tomorrow, I’d probably be terminated. It’s just the risk you take.
I believe the Louisiana state legislature passed a bill that protects state employees from being terminated for medical cannabis….which is a step in the right direction. I think we’re still a ways off from blue collar jobsite protection.
Medical Cannabis use needs protection from the ADA before employment is actually protected. There’s actually a lot of support for this in congress. I guess they’re just dragging their feet on the matter.
I have nerve pain in my shoulder that no amount of Gabapentin/opioid/shot would even come close to taming. So I have clinic issued maryjane also. But honestly, if I were drug tested tomorrow, I’d probably be terminated. It’s just the risk you take.
I believe the Louisiana state legislature passed a bill that protects state employees from being terminated for medical cannabis….which is a step in the right direction. I think we’re still a ways off from blue collar jobsite protection.
Medical Cannabis use needs protection from the ADA before employment is actually protected. There’s actually a lot of support for this in congress. I guess they’re just dragging their feet on the matter.
This post was edited on 11/15/22 at 12:57 pm
Posted on 11/15/22 at 12:48 pm to bushwacker
Rumor has it at my company that if you have prescription in Louisiana and do not appear intoxicated on the job, they will disregard in a drug screen. Granted, they don’t advertise this but recognize the legality in LA. So same policy as alcohol.
Posted on 11/15/22 at 12:52 pm to bushwacker
Blame the feds that this is even a thing.
Posted on 11/15/22 at 12:54 pm to bushwacker
quote:
I would assume most big companies should have a specific policy.
Most big companies do have a drug/substance abuse policy. I’ve seen written policies that specifically call out states that have legalized medical marijuana & that if employees can provide documentation they will not be penalized for a positive test.
Posted on 11/15/22 at 12:57 pm to lsufb1912
quote:
I’ve seen written policies that specifically call out states that have legalized medical marijuana & that if employees can provide documentation they will not be penalized for a positive test.
This is what I was referring to with my post but if you’re operating machinery or driving then it most likely won’t matter if you have a medical card.
Posted on 11/15/22 at 12:57 pm to lsufb1912
quote:
1) No compensation shall be allowed for an injury caused: …
(b) by the injured employee's intoxication at the time of the injury
food for thought for our plant baws
Posted on 11/15/22 at 12:57 pm to bushwacker
BR has been out of edibles for over a month.
I find this unacceptable.
I find this unacceptable.
Posted on 11/15/22 at 12:58 pm to sta4ever
quote:
Do you know who’s exempt from drug testing for weed in Louisiana, if they have a medical marijuana card? Government and state workers. Now tell me how that’s right.
Holy shite. I didn't know that.
So Joe State Worker gets his medical weed card. Then he buys his weed much cheaper on the street and has no problem with drugs screens at work.
Does this cover City Parish Workers in trucks all day. And others who drive/operate equipment around the state?
This post was edited on 11/15/22 at 12:59 pm
Posted on 11/15/22 at 1:03 pm to bushwacker
quote:
I would assume most big companies should have a specific policy.
I work for a fortune 200 company that does not have a policy short of "get your work done"..
I'm amazed at how lax it is now vs 20 years ago
Posted on 11/15/22 at 1:03 pm to bushwacker
Many jobs still drug test regardless.
Posted on 11/15/22 at 1:03 pm to bushwacker
quote:I work for a Fortune 500 company and our weed policy, per the employee handbook, states that marijuana can be consumed only during breaks or lunch and in designated areas and shouldn’t be consumed while on the clock.
Our company does not officially have a policy on this. Has anyone heard of someone losing their job over a positive test and had a script for it?
I would assume most big companies should have a specific policy.
This post was edited on 11/15/22 at 1:04 pm
Posted on 11/15/22 at 1:04 pm to sta4ever
quote:
Marijuana is labeled a schedule 1 controlled substance by the federal government. Until it’s removed from that list, prescription or not, your job can still drug test you and fire you for smoking weed.
Why would this matter?
Posted on 11/15/22 at 1:04 pm to sta4ever
quote:
Marijuana is labeled a schedule 1 controlled substance by the federal government. Until it’s removed from that list, prescription or not, your job can still drug test you and fire you for smoking weed. Employers (especially in a safety sensitive field) and insurance companies have to abide by federal law.
So are pain killers though. This is an interesting discussion.
I guess it just comes down to company policy? I mean you can't bring a lawsuit or complaint into it if you're the employee can you?
This post was edited on 11/15/22 at 1:10 pm
Posted on 11/15/22 at 1:05 pm to bushwacker
quote:
Our company does not officially have a policy on this. Has anyone heard of someone losing their job over a positive test and had a script for it?
Company's are treading very lightly around establishing firm policy in either direction because its legal at the state level. If the medication is prescribed to you and you are NOT taking it before or during work they have little grounds for termination. Legally they can fire you but you can legally sue them and the odds of you winning are favorable. The last thing a company wants is to become the state's Guinea pig on this legal matter. Very grey area leaning to the employee is in the right arena.
Posted on 11/15/22 at 1:05 pm to bushwacker
It is highly dependent on state law.
In Tennessee, since we outlaw all marijuana, there are no laws on it. It gets tricky because we have all the delta 8, 9s, and 10s, which show hot on tests.
I made the decision at my company to exclude marijuana from being a fireable offense on our random tests. Insurance came back and said I had to have some sort of sufficient punishment or they wouldn't cover us, so I just dock one day PTO. That satisfied them. The only place it matters is in regards to workers comp, which I have no say in. If you get injured at work, you are getting tested. If that test comes back hot, tough shite. I explained to my employees that it is the risk they take if they choose to partake outside of work. The same applies to me as it does to them.
In Tennessee, since we outlaw all marijuana, there are no laws on it. It gets tricky because we have all the delta 8, 9s, and 10s, which show hot on tests.
I made the decision at my company to exclude marijuana from being a fireable offense on our random tests. Insurance came back and said I had to have some sort of sufficient punishment or they wouldn't cover us, so I just dock one day PTO. That satisfied them. The only place it matters is in regards to workers comp, which I have no say in. If you get injured at work, you are getting tested. If that test comes back hot, tough shite. I explained to my employees that it is the risk they take if they choose to partake outside of work. The same applies to me as it does to them.
Posted on 11/15/22 at 1:06 pm to sta4ever
The government is choosing to have their own policy, but not requiring all companies to do this. I don’t really see why this is an issue or surprising.
Posted on 11/15/22 at 1:06 pm to mikelbr
quote:
Does this cover City Parish Workers in trucks all day. And others who drive/operate equipment around the state?
Nope. There's a specific exception in the law that just passed that says you can't be high at work and you can't get immunity if your primary job function is operating a vehicle
Posted on 11/15/22 at 1:11 pm to mikelbr
quote:
Does this cover City Parish Workers in trucks all day. And others who drive/operate equipment around the state?
I’m sure those people still have to get tested because that’s a safety sensitive job, but I think this is more for the social workers, secretaries, and people who work in an office setting. Probably our damn politicians too and how this country is going, they NEED to be drug tested. I mean they’re making decisions for the country, surely they shouldn’t be exempt from drug testing. They have a serious job.
Posted on 11/15/22 at 1:16 pm to bushwacker
One of the perks of retirement.
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