That's what the California Supreme Court is trying to decide. A computer technician failed a drug test at his company because he smokes pot to cope with his chronic back pain. He submitted a doctor's note showing he had a prescription, but the company fired him, citing federal laws against pot use.
(Not a crime, just interesting ...)


Better not or we'll sick Drew Carey on them.
Posted by: jeano | Tuesday, November 06, 2007 at 10:20 AM
But if he was on real narcotics (pot is not a narcotic, despite popular belief), there would be no problem.
Morphine? Sure, no prob man. Vicodin? Neurontin? Perkidan, Darvon.... nice to have you on board, you're a great employee.
But IF YOU SMOKED A JOINT TWO WEEKS AGO, YOU'RE FIRED!
Posted by: jpbikerfreak aka cartman | Tuesday, November 06, 2007 at 10:25 AM
I reserve judgement until I can sample the goods.
Posted by: Champion of Justice | Tuesday, November 06, 2007 at 10:35 AM
Better not sample DOJ, your a$$ will be fired too.
Maybe the GOV should take a harder look at lost taxes. If all the pot smokers were fired tomorrow, not only would the loss of income tax kill the FED. Most business would shut down too. There would be very few workers available.
Posted by: JewwellsP | Tuesday, November 06, 2007 at 10:57 AM
All I can say is:
You've got to be kidding?
Against the law but prescribed and grown under permit for prescription use????
Posted by: Newbie | Tuesday, November 06, 2007 at 11:17 AM
My guess, wanted him off the payroll. Chronic back pain is expensive.. probably raising their insurance rates keeping him on it.
Posted by: Searching | Tuesday, November 06, 2007 at 11:23 AM
Not to mention days off work.
Posted by: Searching | Tuesday, November 06, 2007 at 11:23 AM
I think there should be a little room for good old common sense. If the pot smoking posed a demonstrable threat to the company (i.e. safety concerns such as working around tools, power equipment, driving, things that could, if operated under less than ideal circumstances become dangerous) or even if the employee was in a representatorial position (and a client's perception of an altered state of the pot-smoker, or any other medicated person resulted in the loss of business)then pot-smoking or any other medicated work place impairment should result in disciplinary action or termination.
On the other hand, if the employee presented no danger to her/himself or others or to loss of revenue to the company, then I think there should be a willingness on the part of the employee and the employer to enter into dialogue and possibly permit an exemption.
The problem, however, is that without well substantiated documentation from a reputable doctor, there exists a very probable "loop hole" in which anyone might get away with dope-smoking on the job.
The workplace is not an environment to be abused by the recreational use of pot, alcohol, or any other recreational drugs. As far as I am concerned, anyone who shows up intoxicated, under the influence, or otherwise dangerous, impaired, or less than in 100% control of themselves, has NO BUSINESS being there in the first place. If they need their medications or drugs that badly, then stay home! They have no rights under which they are entitled to place others in danger or under which others must be made to accomodate their impaired behavior.
Posted by: KAB | Tuesday, November 06, 2007 at 11:40 AM
The problem here lies in drug testing. As of right now it is impossible to tell whether a positive result in a marajuana test means the person is currently under the influence or smoked a month ago due to the fact that THC is not water soluble. It's hard to prove someone was driving under the influence of pot for the same reason.
Either way jp is right. If he was downing the oxycotins there wouldn't be a problem. Pharmacutical companies are just one other group with their fingers in the cookie jar called keeping pot illegal.
Posted by: Sasquach | Tuesday, November 06, 2007 at 11:47 AM
Illegal drugs are illegal drugs no matter how you try to sugar coat it. Medical marijuanna is just a sorry excuse for someone with addictive problem. Clean your self out and maybe you will feel better. Why not medical booze or try medical shotgun to the head if you need an escape from pain. Be like other low life addicts and stay unemployable. This will let someone who is clean and sober have the good job.
Posted by: TB | Tuesday, November 06, 2007 at 11:48 AM
TB
Marijuana is not addictive. There fore come up with another defense
Posted by: amanda | Tuesday, November 06, 2007 at 12:11 PM
Marijuana causes hysteria in people who have never smoked it.
Posted by: Mark | Tuesday, November 06, 2007 at 12:17 PM
I think I'd rather be a Gunja smoker than to get hooked on all those so called legal drugs the pharmaceutical companies are making millions off of. What's the difference?? Do you know how many people will go to the extreme to get legal narcotics?? Robbing pharmacies, doctor switching, buying them off the street. It’s more than a notion to try to get off legal narcotics than people think. So, what's the difference?? Taxes. One is taxed the other is not. Pot is a natural leaf that is part of this earth, it grows naturally. Narcotics are man made. I bet narcotics do more damage to the body than pot does. And, I'm sure some where there is research to prove this, but since pharmacies and doctors can't get rich off of pot, they don't want to use it. Medicine doctors used pot all the time. Reading the bible, I’ve come across versus that makes me think they were smoking pot even back then, they just hadn’t come up with a word for it yet. LOL! I bet if you asked a person who’s been hooked on narcotics if they would have chosen the pot or the narcotics you’d probably be surprised by the response.
Posted by: All n A Days Work | Tuesday, November 06, 2007 at 12:19 PM
Mark...
Please. Everyone who has smoked marijuana has had hysteria? And they decided to smoke it again?
Posted by: Newbie | Tuesday, November 06, 2007 at 12:21 PM
Marijana is addictive, just like any other drug, use it long enough and your body will crave it. That's all an addiction is...a craving for something. But, it's probably easier to ween off Pot than it is...to ween off...Narcotics.
Posted by: All n A Days Work | Tuesday, November 06, 2007 at 12:22 PM
It's just like cigs are legal. Give me a break. Those are the most addictive drug there is especially sense they have a myriad of other drugs in them to make you addicted.
Posted by: Newbie | Tuesday, November 06, 2007 at 12:23 PM
"Mark...
Please. Everyone who has smoked marijuana has had hysteria? And they decided to smoke it again?"
I think you misread my post. reread it.
Posted by: Mark | Tuesday, November 06, 2007 at 12:27 PM
Mark
you're right....my bad.
Posted by: Newbie | Tuesday, November 06, 2007 at 01:03 PM
wait a minute while I take another hit before my next post....LOL
Posted by: Newbie | Tuesday, November 06, 2007 at 01:03 PM
*singing*
I get hysterical, hysteria
Oh can you feel it, do you believe it
It's such a magical mysteria
When you get that feelin', better start believin'
Posted by: Def leppard | Tuesday, November 06, 2007 at 01:15 PM
I agree with "all in a days work"
I'd rather be a Ganja smoker that to be on prescription drugs! I knew of two people who became addicted to xanax and they got it legally (prescription) but when they came down, their attitude REALLY changed. Depressed, unattached, totally void! All legal, all prescription, all addicting. The Big Pharm companies want the monopoly on the drug business, thus making pot illegal! If you want some $$ numbers, research people like Frank Lucas, and Pablo Escobar. Your eyes will pop open to see the $$ to be made in drugs...and to make some legal via prescription...whoa watch out!
Posted by: Mickey Mouse | Tuesday, November 06, 2007 at 01:22 PM
lol. ok, last week someone from the group van halen posted and today we have the legendary def leppard. who's next, jefferson airplane? lol
Posted by: riskybzns | Tuesday, November 06, 2007 at 03:08 PM
*singing*
One pill makes you larger, and
one pill makes you small, and
the one pill your mother give you
doesn't do anything at all....
go ask Alice, when you're 10 feet tall!!!
Posted by: Jefferson Airplane | Tuesday, November 06, 2007 at 03:17 PM
Humans made pills - God made marijuana - whom do you trust?
Posted by: JJHawk | Tuesday, November 06, 2007 at 03:30 PM
Its very simple , if you are against the use of marijuana do not smoke it!!
Posted by: kcplaya | Tuesday, November 06, 2007 at 04:15 PM
how bout that, jefferson airplane stopped by unexpectedly. i wonder if eric clapton will be up next singing cocaine! lol
Posted by: riskybzns | Tuesday, November 06, 2007 at 06:09 PM
I love all the "excuses" made by the pro-drug types trying to justify illegal behavior. First, I spent 2 days in a drug class last week put on by the head psychologist from Western Missouri Mental health Center. Marijuana IS addictive. It is MORE addictive than PCP or LSD (drugs in order of addictiveness are: Nicotine, Heroin/Morphine, Meth., Cocaine/Alcohol, Marijuana, Hallucinogins (Mushrooms,LSD,Peyote), PCP). The body craves the THC in Marijuana just like the craving for other substances (even caffine). The arguement that pot is "naturally occuring" is BS. The pot that people smoke is not some weed picked from the earth. It is genetically bread in labs to get the highest concentration of THC possible. The best plants are cross-bread and pharmacutically altered to produce the best high. That is like saying that cocaine is "natural" because it come from the poppy.
The simple fact (so easily overlooked by potheads) is that it is ILLEGAL, and this guys' employer had a policy that specifically prohibited the use of Marijuana. As an employer, you have a right to demand your employees follow the LAW (and just because there are "medical marijuana clubs - that doesn't mean they are "legal" - they are shut down all the time... and the CA supreme court has ruled that they are NOT legal... people want an excuse to get high.... if not then they would take Marinol - which is a pill form of THC without the intoxicating effect.... none of these folks are using it.... they just want to get screwed up). The guy took a job and agreed to follow the policies of him employer, which prohibited him from consuming illegal substances. Making excuses for it's "medical" qualities is just silly. Oxycontin is legal - so if the guy was taking 50 Oxycontin pills a day, does that mean he doesn't have a drug problem because it is legal?
Pro-drug advocates use the same tired arguements time and time again - often without realizing how brainwashed (or braindead) they sound. Just ask yourself the simple question... would you want the guy performing brain surgery on your child smoking a fatty before slicing open your child's head? Would you want your airline pilot puffing a bong before taking your plane in for a landing on an icy runway? Would you want a police sniper toking it up before answering a call for an armed robbery and aiming their sights on the guy holding a gun to your head? The REAL answer to these questions is HELL NO (of course the dopers will say "sure... no problem" but we know they are ate up if they really believe that). This guy took a job and agreed to follow the policies - and decided to break those rules.... and is paying the price. He is trying to make himself a martyr, and he will lose his case and his job... as he should.
Posted by: W! | Tuesday, November 06, 2007 at 11:55 PM
W!, your information is not accurate. "The best plants are cross-bread and pharmaceutically altered to produce the best high." I really don't know what you meant by "pharmaceutically altered," but that is entirely untrue. Marijuana, as with pretty much every other cultivated plant on earth, is bread for certain characteristics. Outdoor strains are often bread to have an attribute such as resistance to mold. Some are bred for smell and taste. Some are bred for yield. Some are bred for flowering time. Obviously, potency is is a qualifier in the breeding process. But guess what, many coffee growers breed for potency as well (along with many of the other characteristics such as smell, taste, etc). Corn growers breed for yield (among other things). As far as "pharmaceutically altered," I don't know what you mean. The biggest difference I see is in organically growing versus using chemicals such as synthetic plant nutrients and such (look in your pantry). I would bet that you'd be surprised at how natural much of the marijuana around is. I would be willing to bet is in many, many times more natural than the food that you eat. Regardless, I believe that it is a personal choice to smoke it or not and is probably covered by the first amendment if it was ever looked at by a non-partisan group.
Posted by: dizzy | Monday, November 12, 2007 at 09:33 PM