New law won’t protect marijuana smokers at drug-free work places

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New law won’t protect marijuana smokers at drug-free work places

By Dee Riggs
World staff writer

Wednesday, December 5, 2012

Pot party to focus on education

There’s a party Thursday evening to celebrate the state’s new marijuana law but don’t bring your cannabis.

To do so, would “open a big old can of worms,” said Pam Woodard, one of the organizers.

“It’s still illegal to smoke in a public display, there is no legal outlet to get marijuana and anyone who may attempt to step outside and light up would be doing so at their own risk.”

Instead, the party will offer food, non-alcoholic beverages and lots of educational materials.

“One thing I’ve noticed in the Wenatchee Valley is an extreme lack of education on the part of the public about cannabis in general, medical cannabis law and now Initiative 502,” she said. “I’ve already heard people in the cannabis community saying, ‘We can now share our medical cannabis with people who are 21 and older’ and that’s a really scary thing to hear because you’re going to get yourself in trouble.”

Woodard said the law does not make it legal to sell marijuana and it’s up in the air whether people can legally share their marijuana.

The party will begin at 4:30 p.m. at the Red Lion Hotel, 1225 N. Wenatchee Ave. it is sponsored by Woodard’s two businesses, The Urban Garden and Best Peace of Glass, along with Apple Capital Medical Cannabis and Wenatchee Valley Holistic Medical Cannabis.

— Dee Riggs, World staff

WENATCHEE — A state law that goes into effect Thursday makes it legal for adults to possess one ounce or less of marijuana, but beware the impact on your job.

Attorneys who specialize in employment law are recommending that their clients keep policies in effect that emphasize drug-free work places.

“The biggest surprise to those who supported this initiative is that you can still smoke marijuana at home in privacy and still potentially get fired,” said Wenatchee attorney Ernest Radillo.

He says he tells business owners that “marijuana affects people differently, according to usage and body size, and you don’t want to implement a policy that falls into a gray area because you would be exposing yourself to liability.”

Wenatchee attorney Gil Sparks said he has been fielding “a dozen calls a week” from business owners wondering if their drug-testing policies still stand.

“In terms of employment, nothing has really changed,” Sparks said. “If they have a drug-free work place, and they want to prohibit employees from using marijuana, they can do so.”

The attorneys note that federal law still considers any amount of marijuana illegal. This means that organizations that receive on federal funds must keep drug-free policies in place or face the loss of those funds.

A quick survey of local businesses and governmental entities shows that employers are not changing their drug policies to accommodate marijuana users.

“As a medical facility, we feel employees should not be impaired by drugs or alcohol while at work,” said Steph Grubich, a spokeswoman for the Wenatchee Valley Medical Center.

She said the medical center requires a drug-free, pre-employment screening and employees can be tested if officials suspect they may be impaired.

Also not changing drug-free work place rules are Alcoa, the city of Wenatchee, the Chelan County PUD and Central Washington Hospital.

And if you’re considering a career in law enforcement, marijuana use is going to make that difficult. The State Patrol, for example, won’t accept you as a trooper if you’ve used marijuana in the past three years or more than 15 times in your life, said Trooper Darren Wright. They’ll check for lying, too, with a polygraph test.

And, if you’ve used the drug in the recent past, a pre-employment drug test will make you ineligible.

“We will not reduce our standards for drug use just because it’s legal now,” Wright said.

Dee Riggs: 664-7147

deeriggs@wenatcheeworld.com

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» 22 comments on this story

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kayce 5 months, 2 weeks ago

Just wondering what businesses are going to do when/if most people do start smoking marijuana? They wont have any employees if they fire everyone for the peoples personal use of a now LEGAL marijuana. ?

JimboBear 5 months, 2 weeks ago

Did you look at the results of the survey poll on using Kayce? According to that, only one in four will use in now, so I doubt you will see a day "when/if MOST people" do start smoking. Does that answer your question?

davebugg 5 months, 2 weeks ago

Hahaha.....good one!! At first I thought you were posing a SERIOUS question.

kayce 5 months, 2 weeks ago

ha what? it is a serious question! How can an employer fire someone for using a now legal substance in WA state. I understand if they use on the job. or are impaired coming to work. but if they smoke personally at home and are good workers but submit to the drug test and are positive for marijuana when they just smoke at home..well just doesnt seem fair.

davebugg 5 months, 2 weeks ago

I laughed because you seem quite unaware that there are any number of prescription drugs, alcohol use, tobacco use, etc which are prohibited by any number of workplaces for use either on or off the job, and are tested for, even if the user feels that the substance has no workplace effect. Testing for banned workplace substances has been going on for decades and has nothing to do with the legality of a substance. The fact that you seem to wrongly believe that there will be a shortage of employees due to marijuana testing is another 'ha'. The fact that you object to the testing, thus--in your eyes--making it 'unfair' is still another.

kayce 5 months, 2 weeks ago

I suppose it just depends on the job.

JimboBear 5 months, 2 weeks ago

Not only depends on the job Kayce, but it's a matter of the workplace golden rule. He who has the gold makes the rules, so if we want some of it in the form of a paycheck, we play by the gold holders rules or move on down the road. It's pretty simple really.

11Bravo 5 months, 2 weeks ago

If you apply for a job at LINK you have to be tobacco free. I doubt that they are having difficulty in recruiting.

1independent 5 months, 2 weeks ago

Kayce, millions of people in the US already use Marijuana and yes they have jobs. The good news is there is virtually no data at all that suggests that there is a problem from work related accidents solely due to Marijuana as well as driving related accidents, fatalities, etc soley caused by Marijuana period. Essentially Marijuana is that safe, those who subscribe to fact based information and science know this. I would be much more worried about someone in the work place on alcohol or certain pharmacueticals then Marijuana for sure. The really unfair thing with Marijuana is you can be completely not using it at work and be fired for positive drug test because it is simply in your system. The ggod news there is science is going catch up and help with that through newer testing based on Carboxy THC an active form as opposed to non active THC helping to sort that stuff out.

If you want some really good satatistics and data for usage see this site for a breakdown by age demographic and lots more it is Government and National Organization For The Reform Of Marijuana Laws (NORML)

http://www.opposingviews.com/i/gov-t-stats-reveal-demographics-of-adult-marijuana-users

TerryFinn 5 months, 2 weeks ago

Got the following statement (not sure how old the quote actually is):

the federal Department of Transportation issued new guidelines last year that prohibit the use of medical marijuana for transportation workers in safety-sensitive jobs, including pilots, school bus drivers, truck drivers, subway operators, ship captains and transit security workers who are armed.

The US DOT seems to think there could be some problems with MJ use by some employees.

When I need a painkiller, I am given X number of tablets at a certain strength for X number of days. If I need more I have to go back to the MD.

antzrus 5 months, 2 weeks ago

Yes, cannabis can stay in you body fat and hair for up to 90 days after use. It will be a boon to the unemployment numbers; folks fired/rejected from work will flood the couches of America and those that want work will find it once again. It will probably take a good number of years before the novelty of legal cannabis wears off and folks get wise and/or treatment and are cleared to work once again.

Years ago one of my son's was rejected from fishing commercially in AK because he had cannabis on board. He sorely missed that summer job and was a quick learner. Most aren't...

karilg 5 months, 2 weeks ago

The way I see it is if someone wants to get/keep their job then they won't smoke the marijuana. If they choose to continue or start up then it makes room for someone who needs a job and is willing to do it drug free. We all have to make choices in life and I guess it depends on what is really important to that person.

antzrus 5 months, 2 weeks ago

What she said!

1independent 5 months, 2 weeks ago

What if that person who does not use cannabis who takes the job is a raging alcoholic who's job performance is much worse then the cannabis user because they are hung over and are not alert and could be more dangerous especially in safety sensitive jobs. Yet they can pass the drug test but in reality are not as fit as the cannabis user. I agree safety senitive jobs need people in those postitions who are not impaired at work but the methods of determining who is and who is not are very unfair and non scientific when it comes to cannabis THAT IS A FACT... Companies literally lose valuable and safe employees over a very unfair and unequal policy that needs to change.

JimboBear 5 months, 2 weeks ago

"What if that person who does not use cannabis who takes the job is a raging alcoholic who's job performance is much worse then the cannabis user because they are hung over"

Ms. Woodard, this must be one area that you haven't researched so well. That or perhaps you have never held a job in the real world. After holding supervisory positions in the construction industry where you will find some of the hardest drinking individuals in the land for most of my working life, I can tell you that in most cases the mythical person you describe would be sent home without pay and told they could come back when they are sober. That's the first time they show up that way. If the behavior is repeated, the "punishment" becomes far more severe. Most employers will offer assistance in the way of treatment referrals etc. to the employee though, and almost always they are given the opportunity to change and comply with company standards and expectations. I once worked for a company that put people back to work if they failed a drug test or got caught attempting to work while impaired by alcohol, but only if they participated in a rehab program and then were willing to be tested on a frequent basis for a given period after returning to work.

It's not a matter of people being singled out because they smoke weed. One substance is just as bad as the other, and in today's work world where employers and supervisors are held liable financially and can even be sentenced to jail time if only a hint of failure to safeguard their employees in every way is proven, no employer with half a brain is going to allow workers to remain on the premises if they show up impaired or become that way in the course of their day. Trust me. I have had to terminate more than one employee for habitually showing up for work while showing the effects of the night before.

1independent 5 months, 2 weeks ago

It is surprising to me that so many are answering to this as if the rules about using cannabis are somehow fair or justifiable... Like treatment and learning your lesson etc. If our government would stop spreading propaganda and prohibitionists would subscribe to fact based information about cannabis this conversation would be alot different for sure. Cannabis is one of the safest theraputic natural herbs on the planet. When alcohol, tobacco, and other over the counter drugs are so readily avialible and legal the domonization of this all natural substance is crazy. As an employer myself and a highly educated person concerning cannabis I can say that with the choices americans have for recreational or medical drugs and alcohol is a drug I would be much more worried about an employee who drinks a bottle of liquor and comes to work in the morning hung over, not alert and unfocused then I would ever worry about someone who smoked a bit of pot in the evening and relaxed with a movie went to bed and came to work in the morning completely healthy and alert THAT IS A FACTUAL TRUTH no hang over no adverse health affects period that is the norm if you use cannabis. Education is critical about this for the debate to end. Almost every argument about cannabis being dangerous can be debunked in short order and backed up by facts, science statistics etc. And I challenge all to take a quick history lesson on prohibition of cannabis and find for yourself the truth behind it and then see wether you can still convince yourself with out feeling disingenuous that prohibition is justifiable and if you can then it would be willful on your part to deny truth for either ideological, political, or personal reasons. For a plant that prior to the campaign in America in the 1930's to demonize it that was used for centuries around the world for thousands of purposes Cannabis Sativa which is the flowering species with certain psycho active compounds is not even the reason for prohibition. The reason for prohibition is much more sinister it is the variety of cannabis sativa, HEMP that was the reason for prohibition. Ask yourself why... If the so called flowering plant with higher THC levels is the so called danger then why is an industrial natural resource like Hemp included in the prohibition when it has 3% or less THC not capable of psycho active impairment, however it is beneficial healthwise as well as the hemp oil, seed and of course the bast fiber is usable to make over 50,000 products yet it is illegal! We in the U.S. import hemp from other countries every year a billion dollar market we deny our own farmers the right to participate in that market why? I'll tell you why their names are big oil, timber, petro chemical, big pharmacuetical, and more... So when you take enough care to fact find and take a history lesson and join the debate fully armed with all the relevant facts I think I know what side you will finally be on.

antzrus 5 months, 2 weeks ago

Hey, I hear you-but... In my business too many adolescents who we used to think of as rebelling are just irritably clinically depressed. The use of cannabis by these kids greatly increases the chances of precipitating a psychotic illness; schizophrenia. This is a fact, well verified in the scientific literature. Sadly, I have witnessed just such a progression a number of times over my 24 years here in Wenatchee.

davebugg 5 months, 2 weeks ago

As a trucker, I found this bit of information in one of the online publications I subscribe to: http://www.thetruckersreport.com/dot-marijuana-is-still-illegal-proposal-for-hair-testing-in-the-works/

antzrus 5 months, 2 weeks ago

As I previously noted above Corpsman Rib Man; up to 3 months ago use can be detected. But I have a hunch way too many will attempt use anyway and the unemployed (who are clean) will become employed and the employed (who are "dirty") will become unemployed. There is a silver lining to every dark cloud-you just have to look for it. :-))

davebugg 5 months, 2 weeks ago

I remember your mention of it. It was amazing to me how many guys, attending orientation for my trucking company after being pre-hired, were sent packing because of failing the drug test for THC. One of those sent packing claimed they hadn't smoked for over two months. A couple had smoked the night before arriving. Every trucking company warns prospective employees about pot use, but it seems that some are hopelessly clueless.(Shaking head)

Chuck 5 months, 2 weeks ago

I think we're missing two larger issues here: at what point did we let insurance companies determine policy?

Also, at what point is it any of the fed's business to tell any given state what substance they can legalize within their borders?

Prostitution is legal in Nevada, and any factual fallout of that never seems to make the news beit good, bad, or otherwise.

The bottom line is this: the voters in this state approved adult legalization of marijuana--regardless of your or my personal feelings on the subject either way.

So the bottom line is this: how many lawsuits will it take to get it on par with legal recreational substances such as alcohol? If that happens at all.

I tend to personally look at it this way: there is a lot of nullification going on in this country. Michigan's legislative attempt to overturn the NDAA within its borders- as Virginia recently did and as Texas is contemplating are all on the same side of this particular coin. It is a states' rights issue, plain and simple.