The issue of medical marijuana has become very controversial at work places. This follows the move by several states to legalize marijuana for medical reasons. As a result, many employers are caught in the quagmire of what they need to do with employees who use drugs such as medical marijuana while at work. A study conducted in 2007 by the Americans for Safe Access revealed that there were about three hundred thousand Americans using marijuana for medical purposes (Schubert 218).
In the United States, more than ten states have legalized the use of marijuana for medical reasons. These states include California, Hawaii, Colorado, Montana, New Mexico, Vermont, Rhode Island, Nevada, and Washington among others. The Supreme Court of California holds that a state law does not have the power to completely legalize marijuana for any purpose since federal law regards the use of marijuana as entirely illegal (Boire and Feeney 13). This paper seeks to explore whether an employee in California can be fired for use of marijuana if he or she has a doctor’s prescription.
California Medical Marijuana Laws
California laws, describe medical marijuana as the one used for medical reasons. That is, marijuana that has been prescribed or recommended by a medical practitioner. Like any other states in America, California has unique requirements for the composition of medical marijuana. The office of the California Attorney General has well written procedures that guide California citizens and law enforcers on what should constitute that marijuana used for medical reasons (Boire and Feeney 67).
There are two laws in California, which permits the use of marijuana for medicinal reasons. The first one is Proposition 215-The Compassionate Use Act th...
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...se of marijuana for whatever reason. This conflict between the California laws and the Federal laws regarding the use of medical marijuana has brought a lot of confusion in the labor sector. It is uncertain whether an employer who fires an employee on the ground of medical marijuana usage should be held liable. From the cases so far argued and ruled, it is evident that marijuana usage is not allowed at work places.
Works Cited
Boire, Richard Glen, and Kevin Feeney. Medical Marijuana Law. Oakland, CA: Ronin Publications, 2006. Print.
Lippman, Mathew Ross. Contemporary Criminal Law: Concepts, Cases, and Controversies. Thousand Oaks, Calif: Sage Publications, 2010. Print.
Potter, Beverly A. The Patriots Handbook. Berkeley, CA: Ronin Publications, 2010. Print.
Schubert, Frank A. Introduction to Law and the Legal System. Boston, MA: Wadsworth, 2012. Print.
Legalization of Marijuana has quickly become a controversial issue in America. In the United States, legalization of marijuana for medicinal purposes is spreading to the state level. For example, in November 1996, the people of California and Arizona voted to legalize marijuana for medicinal reasons. As a result of Proposition 215 in California, patients now smoke marijuana provided their physician recommends its usage. A prescription is not required, and marijuana continues to be illegal to prescribe. The Clinton administration responded that it “would not recognize these decisions, and would prosecute physicians who recommend or provide marijuana to their patients.” Although California and Arizona are the only two states to have already passed laws regulating marijuana usage, twenty-six states and the District of Columbia have laws and resolutions regarding marijuana usage. These laws and resolutions range from establishing therapeutic research programs, to allowing doctors to prescribe marijuana, to asking the federal government to lift the ban. Despite the states’ desires to have marijuana legalized for medicinal purposes, the US National Institutes of Health examined all existing clinical evidence about smoked marijuana and concluded that, “There is no scientifically sound evidence that smoked marijuana is medically superior to currently available therapies.”
Also known as California Proposition 215, the Compassionate Use Act of 1996 made headlines around the country as the first law ever to change the legality of medical marijuana for public consumption statewide. Originating in San Francisco, it was passed by 55.6% of California voters on November 5, 1996 (Human Rights and the Drug War). The ideology behind passing Prop. 215 is that marijuana contains a number of legitimate medical uses and should be made available to those who would benefit from it. The text of the proposed law states that “seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate” (NORML, 2009). All patients possessing a reasonable amount of marijuana are protected and may use it at any time as long as it is done privately. However, before patients can begin using marijuana they must seek approval from a physician who are also protected under the law and cannot be persecuted for issuing a recommendation. The authors also realized there would need to be a safe and reliable source to obtain marijuana and intended Prop. 215 to encourage both “the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana” (NORML). In addition to purchasing it, Prop. 215 also allows patients to cultivate their own plants but strictly for personal use only. Any evidence of distributing marijuana or growing more plants than needed for personal use carries a high risk of prosecution.
Medical marijuana is becoming increasingly popular with patient with chronic pain, cancer, HIV patients, and patients with epilepsy. Patients who use medical marijuana are able to use many different forms of
The current issues about legalizing Cannabis in California are, if California legalizes Cannabis it still does not mean that federally it is legal. Since Colorado and Washington have legalized Cannabis the owners of the dispensaries are not protected like other businesses. Such as when time comes to transport money to banks the owners of the dispensaries have to us...
Is it possible for an illegal drug to be deemed legal for medical purposes? Well for an illegal drug like marijuana, that is the question. There are currently many people who use marijuana legally to suppress their illness. Marijuana should be allowed for medicinal purposes.
"State Medical Marijuana Laws." Legislative News, Studies and Analysis. National Conference of State Legislatures, 2014. Web. Apr. 2014. .
Medical marijuana is referred to parts of herb cannabis that is used as a form of medicine or herbal therapy. These parts contain the compounds that produce the mild altering effect that recreational users seek when smoking or ingesting the plant. Researches have shown that it is able to provide chronic pain relief. Marijuana has been used as a folk or traditional remedy for a variety of health conditions for many of years. Medical marijuana is a management tool that can reduce patient’s pain and improve quality of life, without the same serious side effects associated with use of pharmaceutical pain relievers.
Simoni-Wastila, Linda, and Francis B. Palumbo. "Medical Marijuana Legislation: What We Know-- And Don't." Journal Of Health Care Law & Policy 16.1 (2013): 59-75. Academic Search Complete. Web. 20 Apr. 2014.
...und G., Jr. "Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use." Ag.ca.gov. Department of Justice, State of California. Web. 30 Mar. 2014. .
Despite the 1976 ruling by the federal government that marijuana has “no acceptable medical use”, sixteen states have passed medical marijuana laws that allow for patient use o...
Marijuana is the third most common leisure drug in the United States after alcohol and tobacco. Millions of Americans smoke marijuana despite the strict laws against its use. Marijuana is less dangerous compared to tobacco or alcohol. Smoking marijuana can cause breathing problems and coughing just like cigarettes and some people get addicted after using for a while. Regulating and legalizing marijuana will bring Americas greatest cash crop under law, create economic opportunities and jobs in the formal economy as opposed to the underground market. Adopting a legally controlled market for marijuana will ensure that consumers buy the products from a safe and legal source. Marijuana has been approved in some states for medical uses to ease the effects of different health challenges. Colorado and Washington legalized m...
What is a drug? A drug is “a chemical substance used in the treatment, cure, prevention, or diagnosis of disease or used to otherwise enhance physical or mental well-being” (Drug, n.d). We the people have established that marijuana is an illegal drug. Lately around the United States we are starting to change the rules for that. There are states that have deemed it O.K. to sell marijuana to the public for health reasons. With this happening a lot of things are being brought up. One of the main topics that come up is the economic value that this revenue will generate and how it will affect the states.
Marijuana continues to be one of the most used illegal drugs in the United States. Marijuana has been used for many years and at one time was legal to consume. Throughout the years, marijuana has been used for treatment of different medical conditions and has been used recreationally by people of all ages. While the use of medicinal marijuana has proven to be effective in treating medically ill patients, society continues to question its recreational use and the long-term effects it will have on its users. Some feel that legalizing marijuana will only open up avenues for the use of more potent drugs, causing an increase in criminal activity.
Shohov, T. (2003). Medical use of marijuana: Policy, regulatory, and legal issues. New York: Nova Science Publishers.
The "Marijuana Policy Project." Frequently Asked Questions -. N.p., n.d. Web. The Web. The Web.