US NEWS
New Bill Might Protect Cannabis Users From Losing Their Jobs
Bishop Henry
Democratic Assemblyman Rob Bonta, of Alameda, introduced a bill that would require employers in both the public and private sectors to accommodate workers and applicants who use cannabis for medical purposes. Bonita says “To be discriminated against by your employer because of the type of medicine you use is both inhumane and wrong. Medical cannabis, as recommended by a doctor, should be given a similar reasonable accommodation as all prescription drugs.” According to an article first published by the Los Angeles Times, the number of Correctional officer applicants disqualified for testing positive for Cannabis doubled from the year before the legislation was passed. Over 800 correctional officer applicants were disqualified in 2019. According to spokeswoman Dana Simas, the California Department of Correction and Rehabilitation has no plans to relax the drug testing requirements for those applying to become correctional officers, “CDCR seeks out only the most qualified correctional officer candidates that exemplify our professional standards and code of conduct. A positive test for cannabis indicates recent usage and as a public law enforcement agency we maintain a drugfree work environment.”
will give to patients under the care and who are prescribed medical cannabis by a licensed doctor. HIPAA privacy laws protect patients’ prescription and medical history, keeping that information private. The bill would not apply to those jobs that are federally required to be drug-free including pilots, police, truck drivers, or those employers with federal contractors who are required to keep drug-free workplaces. Bonta adds that 16 other states already have similar worker protection measures in place. Ellen Komp of the National Organization for the Reform of Marijuana Laws (NORML) says that she doesn’t believe that an allout ban on cannabis is necessary. She says “…people can legally and responsibly use marijuana off the job, as long as they don’t show up to work impaired or use it on the job.” Komp wants the Legislature to go further, asking lawmakers to also ban urine testing for weed, except as required by federal law. The current law is untenable, she said. “The result is to unfairly discriminate against qualified workers, deny them medical treatment with cannabis, and oftentimes compel them to depend on opiates and other more hazardous drugs,” according to Komp.
Opponents of Prop 64 don’t feel that the law should be changed and that the disqualifying of applicants and workers for positive tests was a foreseen sideeffect of legalization. Proposition 64 allows employers to reserve the right to maintain a drug-free work environment. According to Tamar Todd, a UC Berkley School of Law lecturer on Marijuana laws and also Vicechair of the California Cannabis Advisory Committee, who says that Prop 64 didn’t allow for any protections in regards to employment. “People can still be drug tested and disciplined based on a positive It’s unclear what added protection this bill result even if they are using in compliance EdiblesList.com I EdiblesMagazine.com
Continued on Next Page
Edibles Magazine™ Issue 62
Recreational cannabis users are facing a serious problem with the legal use of weed, testing positive in employment screening drug tests! California voted for the Adult Use Marijuana Act (Prop 64) in 2016, which fully took effect on January 1, 2018. Since then, those who are looking for employment with the government and with those companies who have federally regulated contracts are required to drug test. These companies and organizations are not mandated by the state law and must comply with the federal law when it comes to drug testing, as such, a lot of people are having trouble getting hired at these government jobs.
45
