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.
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. .
In 2012, more than 740, 000 people were arrested in the United States for marijuana related offenses. Many physicians believe that marijuana is the best available treatment for some of their patients because marijuana produces no unacceptable risks to the users or the community. Medical marijuana is a valid choice for those in real need but although marijuana may serve a beneficial function for people. Medical Marijuana is a valid choice for those in real need but although marijuana may serve a beneficial function for people with certain health conditions, marijuana is not a beneficial drug for anyone who does not explicitly require it for symptoms relief. Medical marijuana can help some people but that does that make marijuana a good idea for all people.
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.
The debate on medical marijuana has been a controversial subject, mainly because people have an abundance of opinions and very little scientific research to back up either side of the debate. The most important question here is “will medical marijuana be used for medical purposes or will it be used inappropriately?” Unlike a person who uses marijuana for medicine or entertainment, some people use marijuana as a means of income. Honestly, marijuana sales are a very profitable business, but the problem is that there are still a numerous number of people who sell marijuana illegally. Usually with illegal sales of marijuana, also comes other illegal activity.
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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...
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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.
The "Marijuana Policy Project." Frequently Asked Questions -. N.p., n.d. Web. The Web. The Web.
Shohov, T. (2003). Medical use of marijuana: Policy, regulatory, and legal issues. New York: Nova Science Publishers.