PURPOSE
The purpose of this report is to advise how a company should ethically handle an applicant who requests reasonable accommodation under the Americans with Disabilities Act for medical marijuana. An increasing number of states have legalized the used of medical marijuana. The country’s shifting views and laws on marijuana have challenged many industries with various ethical issues and how to conduct business.
There are multiple goals for this report. First, this paper will explore various international, federal, and state laws regarding drugs and marijuana. Second, the report will examine several cases involving discharge or failure to hire due to medical marijuana use. Lastly, this report will assess best ethical alternative for
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businesses through an evaluation of five different ethical analysis. THESIS Marijuana remains illegal under federal law. The main problem for businesses arises from the conflicting state and federal laws. It is a company’s ethical responsibility to not hire an applicant who requests reasonable accommodation for medical marijuana even with the Americans with Disabilities Act. FINDINGS International Law The Single Convention on Narcotic Drugs The United Nations’ implementation of the Single Convention on Narcotic Drugs has been considered a great feat towards international drug control (Bewley-Taylor & Jelsma 2012). The Single Convention on Narcotic Drugs codified all current treaties on drug control. The treaty aims to limit the possession, use, distribution, restrict the manufacturing and production of drugs exclusively for scientific and medical purposes, and retain international cooperation to deter drug trafficking. Drugs that come under the effect of the treaty include opium, morphine, heroin, cannabis, cocaine, derivatives of these drugs, and any drugs with similar narcotic-like effects (United Nations, 2017). Federal Law Controlled Substances Act The Controlled Substances Act (CSA) is the federal U.S. drug policy that regulates the manufacture and distribution of controlled substances which include narcotics, hallucinogens, depressants, and stimulants. Under CSA, controlled substances are divided into five classifications known as schedules I, II, III, IV, and V (United States Drug Enforcement Administration, n.d.). This federal law classifies marijuana as a Schedule I drug therefore establishes cannabis to be a harmful substance with no medical benefits. Those under the possession or the involvement of manufacturing and distribution of illegal drugs can face criminal prosecution (United States Drug Enforcement Administration, n.d.). Americans with Disabilities Act of 1990 The Americans with Disabilities Act (ADA) establishes equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications. ADA prohibits employers from discriminating employees with disabilities and requiring employers to provide reasonable accommodations to those employees. The ADA further states that those currently engaging in the use of any schedules I through V drugs are not qualified as individuals with a disability (U.S. Equal Employment Opportunity Commission, n.d.). Drug-Free Workplace Act of 1988 In compliance with the Drug-Free Workplace Act of 1988, Some federal contractors and all federal grantees to maintain a drug-free workplace as a requirement to receive a contract or grant from a Federal agency (United States Department of Labor, n.d.).
State Medical Marijuana Laws
There are an increasing number of states that have medical marijuana laws. The statutory language varies by state, but each law legalizes the use of marijuana to those with qualifying medical conditions. Some state marijuana statute provides protection from state law criminal prosecution, but no employment protection. California Compassionate Use Act and Colorado Amendment 20 are some examples of state statutes regarding the legal use of marijuana (California Department of Public Health, n.d.).
MEDICAL MARIJUANA AND DISABILITY DISCRIMINATION CLAIMS
The use of marijuana at a workplace is not clearly addressed in many statutes legalizing medical marijuana. Courts have deliberated on cases regarding the question if employers are required to provide accommodation to employees who use medical marijuana to treat medical conditions under the ADA. Employees who have been removed from their positions for their use of the drug have brought claims against their employer for wrongful discharge and discrimination. These claims have often failed in states that do not explicitly address the constraints of terminating an employee for the legal use of medical
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marijuana. In the case, Emerald Steel v. Bureau of Labor and Industries, Emerald Steel hired an employee who possessed a medical marijuana card to treat his medical condition. The employee informed his employer about his card and that he only used marijuana outside of work. Emerald Steel terminated the employee after he failed a drug test. The Organ Supreme Court found that even though medical marijuana was authorized by state law, it is deemed illegal under federal law (Emerald Steel v. Bureau of Labor and Industries, 2008). The Court decided that employers do not need to accommodate employees’ use of drugs considered illegal by the federal government. Emerald Steel v. Bureau of Labor and Industries referenced the precedent set in a similar case, Ross v. RagingWire Telecommunications, Inc. In the case, Ross v. RagingWire, a newly hired employee filed a legal claim against their employer for wrongful termination in violation of public policy and employment discrimination after failing a drug test. The California Supreme Court relied on federal law to rule in favor of the employer. The Court decided that employers are not required to provide reasonable accommodations for their employees’ off-site use of medical marijuana (Ross v. RagingWire Telecommunications, Inc, 2008). ETHICS ANALYSIS How should a business ethically handle an applicant who requests reasonable accommodation under the Americans with Disabilities Act for medical marijuana.? An ethical analysis based on five ethical philosophies will determine the best course of action. Under Free Market Ethics, the main objective for any business is to be profitable. The Drug-Free Workplace Act can help companies see a decrease absenteeism, workers' compensation claims, accidents, and employee turnover. Thus, implementing a drug-free workplace can increase productivity which in turn increase operating income for the business. Some companies may risk losing federal grants and contracts if they do not enforce a drug-free zone under the Drug-Free Workplace Act. Not complying with the Drug-Free Workplace Act or even company drug policies may have a negative effect on profits. Utilitarianism involves choosing an alternative likely to produce the greatest overall good. In many cases involving medical marijuana and disability discrimination claims, the Controlled Substances Act took precedence over state laws. The Controlled Substances Act and the Single Convention on Narcotic Drugs help protect societies against drug abuse and diversion by regulating illegal drug activities. Hiring a person who uses medical marijuana does not produce the greatest overall good. Deontology judges the morality of actions base on principles and rules. Many businesses implement drug-free policies to establish acceptable behavior and guidelines for best practices. Companies should enforce these policies to maintain a strong corporate culture. Even though state laws authorize the use of medical marijuana that does not make marijuana legal under federal law. Under deontology ethics, companies have the moral obligation to follow the law and policies set within the company. Virtue ethics is a philosophy based on a person reaching their full potential by promoting the habits of good character. Businesses have core values and principles that help their employees recognize acceptable behavior and actions. If a company has a drug-free policy to coincide with its company values and principles, then it should enforce the policy to maintain a strong corporate culture. However, if a company has a lax policy on drugs, such as a marijuana dispensary, then hiring an applicant who requests reasonable accommodation for medical marijuana should pose no problem. Ethics of care bases ethical decisions on relationships. Businesses have a relationship with the government. Organizations must adhere to laws and regulations that cover business transactions, safety guidelines, and labor practices. Following federal law regarding marijuana helps maintain the relationship companies have with the government. Businesses also have a relationship with their employees. It is a company’s moral obligation to provide a safe work environment for their workers. CONCLUSION Conflicting federal and state laws have challenged many businesses on various ethical issues and how to conduct business.
It is a company’s ethical responsibility to not hire an applicant who requests reasonable accommodation for medical marijuana even with the Americans with Disabilities Act. This recommendation can be supported by the five ethical philosophies. If a company has zero-tolerance drug policy, they must enforce those guidelines. The only exception would be a company operating in a state where it is legal to use medical marijuana and the company does not have a drug-free policy. Employers must attempt to provide a safe and productive workplace, but they must do so without violating individual rights and federal and state
laws.
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.
More and more nurses and doctors are turning their heads when patients are in the hospital and have marijuana tinctures or lotions, because they know that patient needs to have that relief. It is estimated that 2,604,079 people in the United States use a type of medical marijuana. (Number of Legal Medical Marijuana Patients, 2016) If those 2,604,079 people were to be hospitalized, then every single one of them would be losing their ability to use that medical marijuana for an plethora of conditions. Medical marijuana helps HIV patients to help increase their appetite, patients with epilepsy to decrease the neuron signals in the brain, patients with chronic inflammatory issues, cancer patients to help increase their appetite, patients with chronic pain, and even in patients who have
Lately it seems that drug policy and the war on drugs has been in the headlines quite a lot. It is becoming increasingly apparent that the policies that the United States government takes against illegal drugs are coming into question. The mainstream media is catching on to the message of organizations and individuals who have long been considered liberal "Counter Culture" supporters. The marijuana question seems to be the most prevalent and pressed of the drugs and issues that are currently being addressed. The messages of these organizations and individuals include everything from legalization of marijuana for medical purposes, to full-unrestricted legalization of the drug. Of course, the status quo of vote seeking politicians and conservative policy makers has put up a strong resistance to this "new" reform lobby. The reasons for the resistance to the changes in drug policies are multiple and complex. The issues of marijuana’s possible negative effects, its use as a medical remedy, the criminality of distribution and usage, and the disparity in the enforcement of current drug laws have all been brought to a head and must be addressed in the near future. It is apparent that it would be irresponsible and wrong for the government to not evaluate it’s current general drug policies and perhaps most important, their marijuana policy. With the facts of racial disparity in punishment, detrimental effects, fiscal strain and most importantly, the history of the drug, the government most certainly must come to the conclusion that they must, at the very least, decriminalize marijuana use and quite probably fully legalize it.
According to this article, more than 20 states have already legalized medical marijuana. It also points out that some experts have been changing their minds on this issue and believe that the medical marijuana should be legal. In addition, new laws could help researchers study the medicinal uses of the drug and better understand how medical cannabis impacts the body.
In the last few years there have been a few propositions to legalize Cannabis here in California. In 2009 the Marijuana Control, Regulation and Education Act was introduced to California legislators. The Act was to “remove penalties under state law for the cultivation, possession and use of marijuana for persons over the age of 21.”, although the proposition lost it was the first bill for the legalization of marijuana to be passed by a legislative committee, the Assembly Public Safety Committee. Since 1996 the Medical Marijuana program has allowed the use of Cannabis to patients that have Cancer, AIDS and other chronic illnesses. As of 2014 Cannabis is illegal to use or obtain without the consent from a doctor. The Cannabis Policy Reform Act of 2014 has not been approved. It is currently undergoing signatures to present it as a proposition during the November election.
Boire, Richard Glen, and Kevin Feeney. Medical Marijuana Law. Oakland, CA: Ronin Publications, 2006. Print.
What the issue for the Coats case is concerned with, is how the Colorado courts interpreted their laws; that is, they extended the breadth of their meaning of “laws” in their statutes to include both Federal and State regulations. The courts used the Fair Labor Standards Act, a Federal law that requires all states to abide by Federal regulations concerning fair employment practices, to allow the interpretation of the word “law” to include Federal laws as well as states. Though marijuana has been allowed to some extent by Colorado’s 20th and 64th Amendments; where Federal law is
As an employer it is the employees responsibility to inform you the employer of the a disability they have and request a reasonable accommodation, the employer is not legally required to guess at what might help the employee do his/her job and to perform the essential job duties. Once the employer has been notified from the employee, the two must engage in what the ADA law calls a “flexible interactive process” (1) which is a way for the employer and employee to figure out what kinds of accommodations might be most effective and practical for the employer, employees, and others employed with the company.
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.
In determining the ethicality of legalizing marijuana, it is necessary to understand the background of the issue, and to identify the most important stakeholders. In the 1930s, many states began outlawing the substance; ironically California was the first of these states (Rendon). In 1937, the federal government outlawed the substance, which pushed the growth and sale underground (Rendon). In 1970, President Nixon declared the substance a Schedule I Substance, which indicates that the substance has “a high potential for abuse” and “no currently accepted medical use” (Controlled Substances Act). The federal government has specified that for marijuana to have an accepted medical use, it must “be subjected to the same rigorous clinical trials and scientific scrutiny that the Food and Drug Administration (FDA) applies to all other new medications” ("Answers to Frequently Asked Questions about Marijuana"). There are numerous stakeholders in an ethical dilemma of this magnitude, which...
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.
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.”
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...
The decriminalization of marijuana is an incredibly controversial topic in the United States. Conservative views deem the drug dangerous and debilitating, while reformers suggest that legalizing the plant would have an enormous positive impact on the economy. While others, the terminally ill, wish for the plant to be legal so it can be offered as a less toxic and sometimes more effective alternative to harsh prescription drugs. an overwhelming wealth of facts that state the benefits marijuana can have medically. It’s not hard to believe that marijuana is the 3rd most popular recreational drug in America.
Marijuana (cannabis) has attracted a lot of discussions, with some people opposing while others are supporting its legalization. To determine the position about marijuana legalization in the corporate world and the society at large, I conducted an interview with Ann Taylor, the Deputy Managing Director of Grace Center, a non-profit organization formed to help people addicted to drugs. Ann has been working in the center for 20 years. Her role is to develop a daily schedule of activities for the center and sit in for the director when he is not around. This interview is a clear indication that marijuana should be legalized because it offers health benefits and cannot be abused like other substances.