The effects of marijuana legalization in Colorado began when medical marijuana usage became law with the passage of Ballot Amendment 20 which was approved on November 7, 2000 by 54% of voters. It became effective June 1, 2001, and since this date the effects of marijuana legalization have a source of dispute between employers and employees. This law allows those who have been prescribed marijuana by their physician to legally use the drug in the state of Colorado without fear of arrest. The physician must state that the patient suffers from a serious medical condition that could improve with marijuana use. Marijuana Vaporizer
The
effects of marijuana legalization present a problem for employers who decide to
perform mandatory drug testing of their employees. Although Colorado does have
an anti-discrimination provision to their medical marijuana laws, employers
still retain the right to fire any employee who tests positive for marijuana.
Employers may rightfully claim this right through the federal law that makes
marijuana possession, cultivation, or use illegal. Medical
Marijuana
Of
course, most people would agree that employers have the right to have employees
who are sober and straight while at work. No employer could be expected to
harbor employees who are not performing their job duties because of any drug or
alcohol use, even if it is helpful for medical conditions. Employers must
clearly state in their policies for employees that medical marijuana is not
permissible on the job, and that any positive drug test will result in
termination of employment if they intend to implement a work policy such as
this. Quality
Marijuana
The
effects of marijuana legalization also encompass the fact that employers must
also adhere to the Americans with Disabilities Act, 29 C.R.R. 1630.14 which
protects employees from being discriminated against because of a mental or
physical condition. Employers must make reasonable accommodations for those
with disabilities, but it is still questionable whether or not this includes
the use of medical marijuana. Recreational
Cannabis Store
Only
one state, Rhode Island, has a law against firing a worker for using a lawful
substance. The Rhode Island Medical Marijuana Act protects workers who must
take mandatory drug tests at work. So far, Colorado has no such law, and an
employer may fire a worker who tests positive, even if the worker has a legal
pass from his or her physician. Recreational
Marijuana
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