Colorado Supreme Court to hear case of man fired over medical marijuana –

 

 

By Rachel Estabrook Sep 29, 2014

Tomorrow, Colorado’s Supreme Court will consider whether employers should be able to fire workers for using medical marijuana.

Brandon Coats, the plaintiff, is suing Dish Network for firing him in 2010 from his job as a telephone operator after he tested positive for marijuana.

As a teenager, Coats was injured in a car accident, which left him unable to walk. 

“I use marijuana at nighttime, and just a little bit gets my spasms to where my body’s not going out of control,” he says.

Dish Network did not respond to Colorado Public Radio News’ requests for comment, but has said in court that the firing is in line with a policy that complies with federal law making marijuana illegal. Lower courts in Colorado have sided with Dish Network.

Coats has appealed to the Supreme Court because, he says, he wants to work again.

“There’s a lot of people out there like me  who would like to have a job but cannot, because their impairment requires them to use marijuana, and because marijuana’s looked down on for employment, they’re not able to get jobs,” he says.

Despite the legalization of both medical and recreational marijuana, Colorado law does not require employers to allow marijuana use. The statute authorizing medical use of marijuana states, “Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place.” Amendment 64, which approved recreational marijuana use for Colorado adults, has a similar provision.

But Coats’ attorney has cited a Colorado law called the “Lawful Activities” statute, which prohibits an employer from discharging an employee for engaging in lawful activity off the premises of the business during nonworking hours.

Lara Makinen says most employers in Colorado have drug-free workplace policies spurred by the federal Drug Free Workplace Act of 1988. Makinen is on the board of the Colorado chapter of the Society for Human Resources Management. And she says, only a very small portion of employers have relaxed those policies since the legalization of medical and recreational marijuana in Colorado. Many employers have actually tightened their drug testing policies, according to a survey by the Mountain States Employers Council.

Makinen holds regular phone calls and writes a newsletter for other human resources professionals in the state, and she says she has gotten a lot of questions about marijuana. “They want to know whether to stop drug testing, whether to change their policies,” she says. “They want to know, if someone’s smoking pot in their car at lunch, do I have to let them keep working after lunch?”

She says she’s sympathetic to Brandon Coats’ case, but worries that a ruling in his favor would open up employers to more lawsuits, and potentially embolden some employees to show up at work impaired. “Especially in jobs that have high safety standards, physicians, operating machinery… we have to be able to say as an employer, you have to come here clean and clear-headed,” Makinen says.

Coats’ attorney, Michael Evans, says his case isn’t about recreational marijuana, nor about using medical marijuana at work.

“We’re looking for something that both employers and employees can find a reasonable, working, practical solution,” he says. “For somebody in Brandon’s situation, who uses it after work, and who’s in a safe position answering phone calls from a desk… I think we can find a way to live together and not terminate these people.”

The Coats v. Dish case has gotten significant national attention. Makinen says there is no precedent, despite the fact that 22 other states and the District of Columbia have legalized medical marijuana. “The bottom line is there’s no one else who has policies on this stuff,” she says.

– See more at: http://www.cpr.org/news/story/colorado-supreme-court-hear-case-man-fired-over-medical-marijuana#sthash.mpfNvmqL.dpuf

We have to just say NO, to “drug testing”…

 

pee-cup

 

While sitting here thinking of my friends in pain who are trapped into slavery thru the Corporations they work for via “workplace drug testing”…who are condemned to use ONLY narcotics via the pharmaceutical industrial complex via so called “pain clinic’s” and doctors who are trapped in the prescribing business AND the drug screening business, which is equal to drug trafficking via legal means, 

I am wondering why,

just why not say NO!

*The Feds cannot force you to take a drug test for employmentThey can and do force drug testing upon “pain patients” and parolees which is another issue of it’s own.

This is done by the Corporations themselves.  Insurance Companies are involved  as well of course the Corporations who make the “testing kits” and at the same time they are making “pass your drug test kits” which people run out and buy in order to succumb to the Industrial and Insurance related Complex.

WE HAVE TO JUST SAY NO…

Our Father’s and Grandfather’s went to war and lost their lives for our freedom by the thousands, and I could start a whole new issue on that subject alone, but I will save that for another day.

 

GATEWOOD GALBRAITH SPEECH

 

The question here is are we willing to consume less to have more freedom?

We can effectively turn the prohibition around and “prohibit” them from invading our privacy, and entering our property without a search warrant, (symbolically), just by refusing or saying NO to their test.

I have never passed a drug test for Cannabis/Marijuana.

I also have never failed one for any other non-prescribed drug.

Do not worry about passing your next drug test.

DO start looking for other ways and means of making an income such as working for small privately owned companies which are few and far between but do still exist.  You can also sub-contract yourself, or work independently.

If you are lucky enough that you have already obtained a job and passed your drug test then just hope like hell you don’t get picked on too soon.

If you have not found a job yet, then DO NOT work for a company which is telling you that you must succumb to “random drug testing” or “pre-employment drug testing”.

This could effectively be a type of “civil disobedience” which is actually legal to do.  Again, “just say no” to drug testing.

If EVERYONE followed this one rule, it would not take long for  “drug testing” to disappear much like the “inspection stickers” for vehicles in the 1980’s did in Kentucky when everyone was so poor they could not afford to make their vehicles pass the test.  Eventually  they gave up and ended it.  (Just imagine what would happen if all these people could not pay their electric bill for one month.  It is true that you would not have electric for that period of time but it is also true that the electric company would not be getting near as much income for that period of time).  Most people CAN survive without electric for a month.  That has been proven by the people themselves who have suffered loss due to storms, etc.,

If you are unemployable you have a reason to file for disability.  Not that you will be approved, but just think of the paperwork put upon the SSA if everyone that failed a drug test filed for disability.  And then when they do not approve it, appeal the decision.  You can keep them “dancing” for a while – just depends upon how far you want to take it.

If they DO NOT end the drug testing at that point it could cause even more black market businesses to appear just for the fact that they can’t fill the Industrial Complex with legal worker’s.

The Industrial Complex cannot afford to loose it’s slaves so therefore I do not think it would take too long to accomplish the goal of ending “drug testing” policies.

And just like everything else the poorest of the people will be the one’s affected the most in this decision and have to suffer the “worse” before it gets better.

BECAUSE, they do not drug test politicians nor doctors or lawyers….

I guess it comes down to the sad fact whether or not you want to have freedom and live on beans and soup, or be a slave and eat commercial hamburgers.

I do not want to suggest that everyone absent mindedly quit their jobs tomorrow with no plans on how to sustain themselves.  However, making alternative plans for an income is always a good idea regardless.

 

sheree

This has been “something to think about” ,

Smkrider

 

*According to Henriksson, the anti-drug appeals of the Reagan administration “created an environment in which many employers felt compelled to implement drug testing programs because failure to do so might be perceived as condoning drug use. This fear was easily exploited by aggressive marketing and sales forces, who often overstated the value of testing and painted a bleak picture of the consequences of failing to use the drug testing product or service being offered.”[36] On March 10, 1986, the Commission on Organized Crime asked all U.S. companies to test employees for drug use. By 1987, nearly 25% of the Fortune 500 companies used drug tests.[37]

**THC and its major (inactive) metabolite, THC-COOH, can be measured in blood, urine, hair, oral fluid or sweat using chromatographic techniques as part of a drug use testing program or a forensic investigation of a traffic or other criminal offense.[91] The concentrations obtained from such analyses can often be helpful in distinguishing active use from passive exposure, elapsed time since use, and extent or duration of use.

***Drug testing in order for potential recipients to receive welfare has become an increasingly controversial topic

Pissing our life away…

 

ohhhh-so-beautiful

 

 

As Gatewood Galbraith once said, "Our Father’s and Grandfather’s did not go to the beaches of Normandy so that their children could piss in a cup to get a job"…

Corporate "Drug Testing" aided by Pharmaceutical Companies who develop and produce these tests have taken our very right to be able to work away.  So long as they are allowed to do this our country will never be truly free and we will have not won ANY war.

The drug testing laws have forced us to be liar’s, cheater’s and last but most important – unemployed. 

There is virtually no "blue collar" job for which there is not drug testing.

Everyone already knows how unfair it is to the casual marijuana smoker as the cannabinoids remain in your body for an extended length of time – which in and of itself is a GOOD thing, but Corporate Fascist have condemed us to be "worthless", for corporate use…

Some smaller businesses may be ignorant of the fact that the "1988 Drug Free Workplace Act (DFWA)" DOES NOT require the majority of these businesses conduct drug testing.  Other’s are part of the corporate majority who will adhere to drug testing to try to lower their insurance premiums and "slap the hands" of anyone who would like to use marijuana either for personal or medical reasons.  They do this in order to continue the "Elkhorn Manifesto" regime to keep cannabis out of the hands of those who would attempt to put an end to the oil based society which we now "enjoy".

It’s all about where the profit is and how far they are willing to go to keep it.

The slaves were never set free.  Everyone just became "equal" in color and was run off of their farms and into the Industrial Revolution.
The slaves are us.  All of us.

Until we can get the drug testing laws eradicated we will continue on as slaves long after the "law" has been changed regarding the use of marijuana/cannabis.

It may not be in the government’s best interest to keep paying for incarceration for use, but it IS in corporate America’s best interest to keep the cannabis off the shelf.  

Thats life in America…let the "private sector" handle it…

 

Drug-Free Workplaces do NOT have to test for marijuana (Updated)  – November 21, 2012  by Russ Belville

 

Why Employers Drug Test

 

Obama Administration Pushes Drug Testing in Workplace, But Not For Everybody

 

WASHINGTON — The government wants businesses to drug test their workers to boost productivity and reduce health care costs, according to the 2012 National Drug Control Report released Tuesday.

 

@ShereeKrider 7.1.13