Workplace Stoners Can Be Fired, Says California Supreme Court

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Bad news cancer fighters, arthritic sufferers, and those of you who worked so hard at getting your medical marijuana ID card under false pretenses: employees who partake in the kind medical bud at home can be fired for testing positive for the drug at work. Which? Wow.

In a 5 to 2 decision today, the court claims that Proposition 215, "the 1996 state initiative that allowed Californians to use marijuana for medical purposes with a doctor's recommendation," no longer protects workers from getting fired for violating federal drug laws before, during, or after work hours.

What's more, an employer who knowingly hire a medical marijuana user is "'arguably being complicit in an activity that's illegal under federal law.'" This chink in the cannabis armor comes on the heels of the U.S. Supreme Court's continuing approval of the federal government's strong-arming local medical mary jane offices and suppliers for "violating federal laws that ban the possession, cultivation and distribution of marijuana and recognize no legitimate use for the drug." (An aside: Aleve does wonders for pain, folks, especially when mixed with two Benadryl. Just saying.)

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Great quote from Bruce Mirkin in the LA times on this. He said it's "an absurdly narrow reading of the law."

Oh, snap!

Who are these companies that fire people for smoking pot "after work hours?"

For starters, SFist.

Har.

Seriously though, I don't know. But lately friends of mine, especially the ones who work in fields don't require certain dexterities, are required to take drug tests. Very strange.

Seriously though, I don't know. But lately friends of mine, especially the ones who work in fields don't require certain dexterities, are required to take drug tests. Very strange.

Some (publicly-traded) companies feel their shareholders want to own stock in a company with a "drug-free" environment.

Seems like the legislature is pretty good with working on supporting Prop. 215 by adding/amending laws to address stuff like this. Hopefully they'll Do Something once again, though it'll probably take a year or so.

Brock, I am GREAT at writing resumes.

I love when Brock posts his baby pictures.

that was just before cps came to the door, i think.

I don't smoke or use any recreational drugs or anything anymore...

but I'll be damnned if I work for any place that does drug testing ever again. The jobs I've had that required drug testing were total bullshit jobs and they weren't worth my time. The ones that didn't... not so bad!

It's none of anyone's business but mine what I do when I'm not at work and I think it's just total crap that people let employers take a shit on everyone's privacy. As long as I haven't been convicted of anything, i don't really think it's an employers business at all. I'm sure not going to submit to any sort of voluntary drug test ever again, and I wish we didn't have such conservative courts that seem to think it's NOT an invasion of privacy to insist on them.

My favorite drug-testing story was having to pee in a cup as a prerequisite for working at Starbucks corporate in Seattle.

I mean, seriously. They're the world's largest legal drug dealer. Not to mention that I wasn't doing anything remotely involved with public safety, unless there was some way to kill people by ramming a gift card into a wall at a high rate of speed.

My favorite drug-testing story was having to pee in a cup as a prerequisite for working at Starbucks corporate in Seattle.

I mean, seriously. They're the world's largest legal drug dealer. Not to mention that I wasn't doing anything remotely involved with public safety, unless there was some way to kill people by ramming a gift card into a wall at a high rate of speed.

I wish all my co-workers were stoners. It would make life so much better.

One of my best bosses ever, at an ad agency during the early 80s (think "Boogie Nights"), was a total stoner.

Some (publicly-traded) companies feel their shareholders want to own stock in a company with a "drug-free" environment.

There's that and many companies that do business with the gov't (like mine, a massive defense/gov't contractor) have to comply with some sort of nonsense about a "drug free workplace".

One of the companies is called...

Vinlux "Fine Wines"

(35 Executive way Napa Ca 94558). They sell all kinds of alcohol from wine to Vodka. Funny how they pedal a mind altering product with no medical applications but are against prop 215. They fired me on my first day, after hearing other employees discussing their meth and crank usage I was pulled into the office and fired for being a prop 215 patient. It was hard not to laugh knowing I am most likely more qualified than all others there not to mention not a tweaker! Their loss. Alcohol and tobacco companies are probably scared of competition if it were to become fully legal.

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