Smoke weed(Legally) in Colorado then drug tested at work in NJ

[Ladyback1]

This is interesting, you are right about California, but in Conneticut, Maine, Rhode island, Delaware, Illinois & Arizona, you can not be fired for using medical Marijuana. I guess it just depends how the legislation was written.

http://www.mondaq.com/unitedstates/x/258244/employee+rights+labour+relations/Employer+Liability+Under+State+Medical+Marijuana+Laws

You cannot take a handful of legally prescribed pain meds, show up at work, and potentially put other people at risk. Nor can you show up at work after smoking a bowl, and work while under the influence.
Employers cannot discriminate against you because you have a med marijuana card....but they don't have to hire you. There will be other, more "well qualified" applicants to choose from.

It's all a very slippery slope. Just try dealing with employers when one of their employees is prescribed medical marijuana, as a result of a work comp injury....It wasn't fun!

 

[SmokeyParkCop]

I don't think anyones arguing that you CAN go into work under the influence of any drugs prescription like pain killers or 100% legal like Marijuana is in Colorado....I think those cases just show you can't be fired based on previous use of legally controlled substances...

It will be interesting what happens legally now that marijuana doesn't need a prescription anymore, i think a lot of that legal history is based on the protections under 'disability law'(ADA type situations) and since in states like Colorado and Washington it is no long a medical issue, it is now legal for 'recreational use', that protection may not be a valid argument anymore

 

[justalayman]

SmokeyParkCop;3225710]I don't think anyones arguing that you CAN go into work under the influence of any drugs prescription like pain killers or 100% legal like Marijuana is in Colorado....I think those cases just show you can't be fired based on previous use of legally controlled substances...

It will be interesting what happens legally now that marijuana doesn't need a prescription anymore, i think a lot of that legal history is based on the protections under 'disability law'(ADA type situations) and since in states like Colorado and Washington it is no long a medical issue, it is now legal for 'recreational use', that protection may not be a valid argument anymore

apparently you have never read this:


http://www.safetynewsalert.com/medical-marijuana-worker-fired/

 

[SmokeyParkCop]

apparently you have never read this:


http://www.safetynewsalert.com/medical-marijuana-worker-fired/

LOL, apparently, you missed this:

This is interesting, you are right about California, but in Connecticut, Maine, Rhode island, Delaware, Illinois & Arizona, you can not be fired for using medical Marijuana. I guess it just depends how the legislation was written.

http://www.mondaq.com/unitedstates/x/258244/employee+rights+labour+relations/Employer+Liability+Under+State+Medical+Marijuana+Laws

 

[justalayman]

LOL, apparently, you missed this:

so, is there a court decision in there that shows you are correct because there is a court decision in mine, actually 2 that show you are wrong.

You can bluster all you want but when a judge bangs the gavel on a case that proves you wrong, it shows that you are wrong.

oh:

LOL and ROFL and anything else that indicates I am laughing at you

Oh, there is a case in yours and lo and behold, it proves you are wrong:

Another argument that was recently tested by a plaintiff in Colorado is that an employer's decision to discharge a medical marijuana user who fails a drug test violated the state's "lawful activities" statute. Colorado, like many states, prohibits employers from taking action against an employee for engaging in lawful activities or using lawful products outside of the workplace. In a decision dated April 25, 2013, the Court of Appeals of Colorado held that the state's "lawful activities" statute did not bar the employer from discharging an employee who tested positive for marijuana after a random drug test and who was also a licensed patient. Coats v. Dish Network, LLC, case nos. 12CA0595, 12CA1704 (Co. Ct. App. April 25, 2013). The court held that since the Colorado statute did not specify whether an activity's "lawfulness" was determined by state or federal law, and marijuana is illegal under federal law, employees that use medical marijuana are not shielded by the statute from the risk of termination.

and it just happens to be the case in the link I gave you.

 

[SmokeyParkCop]

so, is there a court decision in there that shows you are correct because there is a court decision in mine, actually 2 that show you are wrong.

You can bluster all you want but when a judge bangs the gavel on a case that proves you wrong, it shows that you are wrong.

lol! You still didn't read it! Yes your case was mentioned in the link i put in hours ago....It also mentions why that isn't the same situation in other places...

 

[justalayman]

lol! You still didn't read it?

No, I didn't other than the part that cited the case where a guy was fired for being high and the courts upheld the termination.

was there something else, like maybe something supporting your argument because from what I see, your argument fails, even in Colorado.

 

[SmokeyParkCop]

No, I didn't other than the part that cited the case where a guy was fired for being high and the courts upheld the termination.

was there something else, like maybe something supporting your argument because from what I see, your argument fails, even in Colorado.

My case fails in Colorado, California & Washington, from what i can find, it is 100% correct in Connecticut, Maine, Rhode island, Delaware, Illinois & Arizona...You see Justalayman, different states have different laws, a good comparison would be gay marriage...Just because Gay marriage isn't allowed in one state, doesn't mean it isn't allowed in other states

 

[TigerD]

My case fails in Colorado, California & Washington, from what i can find, it is 100% correct in Connecticut, Maine, Rhode island, Delaware, Illinois & Arizona...You see Justalayman, different states have different laws, a good comparison would be gay marriage...Just because Gay marriage isn't allowed in one state, doesn't mean it isn't allowed in other states

If you are that positive in your trained legal analysis, toke up, go to court and see where it gets you.

DC

 

[justalayman]

My case fails in Colorado, California & Washington, from what i can find, it is 100% correct in Connecticut, Maine, Rhode island, Delaware, Illinois & Arizona...You see Justalayman, different states have different laws, a good comparison would be gay marriage...Just because Gay marriage isn't allowed in one state, doesn't mean it isn't allowed in other states

so what? You asked about colorada:

Smoke weed(Legally) in Colorado then drug tested at work in NJ

and you were espousing the rights those in Colorada have regarding not being able to be fired for getting high. Simply stated; you are wrong about that.


and since New Jersey isn't in your list, it really doesn't matter what those other states hold.

 

[TheGeekess]

My case fails in Colorado, California & Washington, from what i can find, it is 100% correct in Connecticut, Maine, Rhode island, Delaware, Illinois & Arizona...You see Justalayman, different states have different laws, a good comparison would be gay marriage...Just because Gay marriage isn't allowed in one state, doesn't mean it isn't allowed in other states

Just because gay marriage is legal in MA won't make it legal in Alabama.

You go on and toke away in CO. Your NJ employer won't care where you smoked it. It's the fact that you did at some point in the recent past.

 

[SmokeyParkCop]

If you are that positive in your trained legal analysis, toke up, go to court and see where it gets you.

DC

I thought we were past that and were just having a general discussion. You guys answered my question on the first page!

I work in NJ, they don't have the same protections as Connecticut, Maine, Rhode island, Delaware, Illinois & Arizona and i'm not sure what the results would be even in those states when it's used 100% legally for 'recreational use' instead of for 'medical use'. It's interesting and i'm aware this discussion is more 'legal theory' then actual law as no case has gone before a judge yet, but it's still really interesting.

ETA: This is the final word i could find on New Jerseythey agree with California)
http://www.drugfreenj.org/assets/_control/content/files/DDW2013spring.pdf

 

[justalayman]

My case fails in Colorado, California & Washington, from what i can find, it is 100% correct in Connecticut, Maine, Rhode island, Delaware, Illinois & Arizona...You see Justalayman, different states have different laws, a good comparison would be gay marriage...Just because Gay marriage isn't allowed in one state, doesn't mean it isn't allowed in other states

apparently your case also fails in Oregon and Montana as well.

there are limits in Delaware and Arizona apparently

In addition, Arizona and Delaware have adopted much more explicit and impactful statutorily language that bars an employer from discriminating against a registered and qualifying patient who has failed a drug test for marijuana metabolites or components. The only exceptions to this rule are that an employer may act upon the results of a failed drug test if the patient "used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment" or failing to do so would jeopardize an employer's "monetary or licensing related benefit under federal law or regulations."

so that would mean it is NOT 100% correct per your own reference.


and a similar consideration applies in Illinois so you, again, are not 100% correct regarding Illinois.

and I'm giving up checking at that point. So far, you have been wrong more than you have been right so I'll just figure you are wrong across the board.

Oh, and here is one for ya:

and your state laws are not going to apply to any federal employee.

 

[Proserpina]

Smokey, you need to actually read the link you posted.

Look again, and you'll see why the employer can still fire you if you drop dirty...

 

[Proserpina]

apparently your case also fails in Oregon and Montana as well.

there are limits in Delaware and Arizona apparently


so that would mean it is NOT 100% correct per your own reference.


and a similar consideration applies in Illinois so you, again, are not 100% correct regarding Illinois.

and I'm giving up checking at that point. So far, you have been wrong more than you have been right so I'll just figure you are wrong across the board.

Darn it - you beat me to it