Legalized Marijuana and your Business
by Randall C. Resch
O
K, get ready to push your eyeballs back into your head. According to an article in “The Cannabist,” in the first five months of 2016, Colorado marijuana sales allegedly reported around $486 million in profits. In 2015, profits reportedly reached $996 million for twelve months. Legalization of marijuana for personal use is changing the country; if it’s not legal where you are yet … it’s only a matter of time. In addition to recreational use, mega-pharmaceutical corporations are researching the medicinal potentials of cannabinoids and terpenoids in treating myriad diseases, like Huntington’s disease, Tourette’s syndrome, various cancers, Pediatric Epilepsy, and PTSD among others. There may be good to come from legalization, but that’s another topic. So, what issues does legal marijuana present for the towing and recovery industry? Regardless of your personal views for or against marijuana, recognize the potential employee-related problems of use or abuse. Our industry demands the ability to think clearly and make the right decisions to avoid mistakes that could potentially lead to disaster, injury or death. Drugs and alcoholic beverages have no place in our industry’s work environment, but what someone does on their own time and away from the facility is their business. Shortly after I was hired as general manager of a sizeable and reputable tow company in the 1990s, it became painfully obvious that one of the drivers was selling marijuana from the company’s tow truck. Suspicions were
16 • February 2017 - TOWMAN.COM
As the legalization of marijuana becomes more widespread, stay ahead of the game with your company policies on tolerance regarding employee usage. Today.com image.
confirmed by discovering marijuana paraphernalia and seeds under the truck’s seat during random inspections. The problem needed to be addressed immediately, especially when other drivers shared their observations and concerns. When it all came to a head, as many as six drivers, ultimately quit or were dismissed for cause and dereliction to duty in violating the company’s zero-tolerance policy. Losing six drivers in a day was a tough hit for the company’s operations and schedule, but it sent a solid message that possession, use and sales weren’t tolerated. The owners stood tough on a very difficult decision that enabled the company to get back on track. Imagine one of your drivers or facility personnel was selling marijuana On the Web Colorado study on the impact of marijuana: • www.rmhidta.org/html/august%2 02014%20legalization%20of%20mj% 20in%20colorado%20the%20impact.pdf
from your tow trucks. If an undercover officer arrested that employee, it could result in warrants being served on your facility and/or seizure of your truck. Could you survive the hit in attorney’s fees to (hopefully) get your truck back and the news spreading like wild fire that one of your drivers got busted? For instance, a North Carolina tower was arrested when an officer observed him conducting an illegal tow; at around the same time, the tow company’s owner had informed local police that he suspected the driver was stealing items from towed vehicles. When the tower was stopped, the inside of his vehicle smelled of marijuana smoke and police observed numerous stolen items within the vehicle in plain sight. (It’s unclear whether any of the items came from cars that were being towed.) Subsequent to arrest, police performed a sobriety test on the driver and also found marijuana in his possession.
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