Growing Acceptance of Medical Marijuana and Recreational Use Despite best efforts of the drug and alcohol testing industry, the government, and others opposed to the legalization of marijuana, marijuana legalization is gaining momentum. Tis momentum is at least, in part, fueled by recent research studies on medical uses for marijuana and those who believe that marijuana may have medical treatment value. Tis momentum has been further spurred by the opening of marijuana dispensaries in states protecting medical marijuana use and the increased availability of ingestible, versus smoked, marijuana products. State opportu- nities for revenue through marijuana related taxation has and will continue to provide impetus for the passage of marijuana laws.
Where do we go from here? Te future of marijuana in the United States can be influenced by drug and alcohol testing professionals only if we continue to monitor marijuana legislation, stay involved, and speak out. Te foregoing column is not offered as business,
legal or medical/scientific advice but is instead offered for informational purposes only. Te fore- going commentary is therefore not intended as a substitute for the legal advice of an atorney knowl- edgeable of the user’s individual circumstances. No assurances are made regarding the accuracy, completeness, currency or utility of the foregoing information. Legislative, regulatory and case law developments regularly impact on general research and the science in this area is evolving rapidly. ❚
References
NORML Link:
http://norml.org/marijuana/personal/item/states- that-have-decriminalized Retrieved, May 22, 2014.
Current, W. 2014,
www.statedrugtestinglaws.com , Legislation in Process 2014 (Subscription required), Retrieved, May 22, 2014
Kenney, J. 2014, Medical Marijuana: Our Journey Begins, DATIA Focus, Winter 2014 Vol. 7 Issue 1.
Kenney, J. 2013, Medical and Legalized “Recreational” Marijuana: A Human Resource Challenge
http://www.hreonline.com/HRE/ view/story.jhtml?id=534355275 Retrieved, May 22, 2014.
Shults, T. 2012 How Alcohol Prohibition Ended, MROAlert, November 2012, Volume XXII, No. 9.
A graduate of Smith College and the University of Con- necticut, School of Law and licensed to practice law in the State of Connecticut, Jose- phine is a member of the First
Advantage, A Symphony Technology Group Company, Legal Team. Josephine also holds a Masters in Business Administration—Human Resources Graduate Degree from Thomas College. She is a qualified Specimen Collector and Certified Breath Alcohol Test Technician. Josephine has been engaged in workplace drug testing since 1989 and combines nearly three decades of business experience, jurisprudence, entrepreneurship, and industry insight in her daily industry work.
States with Medical Marijuana Laws
The number of states enacting laws permitting the use of medical marijuana has increased in recent years. In addition to the District of Columbia, there are currently 20 states that allow for the use of medical marijuana:
• Alaska • Arizona • California • Colorado • Connecticut • Delaware
• Hawaii • Illinois • Maine • Massachusetts • Michigan • Minnesota
• Montana • Nevada • New
Hampshire
• New Jersey • New Mexico
• New York • Oregon • Rhode Island • Vermont • Washington
Hawaii also recently amended its medical marijuana law by two separate pieces of legislation. However, because the laws are not effective until January of 2015, additional information on medical marijuana laws in Hawaii requires study closer to the effective dates of each law.
Maryland has a law that references marijuana use relative to criminal defense only.
Arizona, Connecticut, Delaware, Illinois, Massachusetts, and Rhode Island are particularly challenging based on the specific restrictive language referencing a prohibition of some sort against employment discrimination. Although employer- friendly, case law in Oregon and California should be taken into consideration when making a policy decision on whether or not to accept medical marijuana as a legitimate medical explanation for a positive drug test result.
Two states, Colorado and Washington, and one city, Portland, ME, have also passed legislation legalizing the use of recreational marijuana, further complicating the regulatory environment concerning the administration of drug testing for employment candidates. In addition to the foregoing, a number of additional states currently have pending initiatives to legalize medical or recreational marijuana.
www.datia.org
datia focus
59
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64