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

[TigerD]

This is an interesting discussion! I've started looking into the 18th amendment and what led up to its repeal...it looks like marijuana is going to follow the same path

Unlike with alcohol, the system relies on the proscription of marijuana. Ultimately it will the tax dependancies of states like Colorado, California, Washington that drive the push to change federal law.

DC

 

[FlyingRon]

You do understand that even if marijuana was 100% legal in Colorado (either outright or prescription), you could be banned from using it as an employee and fired for the violation? We've had a few places that ban tobacco use by employees even.

 

[SmokeyParkCop]

You do understand that even if marijuana was 100% legal in Colorado (either outright or prescription), you could be banned from using it as an employee and fired for the violation? We've had a few places that ban tobacco use by employees even.

Marijuana is 100% legal in Colorado, BOTH outright and by prescription.....But, yes, i posted earlier in a thread that in some states companies are able to fire employees for being tobacco users, although NJ isn't one of those states.

http://law.njstatelib.org/law_files/njlh/lh1991/L1991c207.pdf

 

[swalsh411]

Marijuana is 100% legal in Colorado

Did you actually read anything else others have posted? It may not be illegal under CO law but it's still illegal under Federal law.

 

[FlyingRon]

Marijuana is 100% legal in Colorado, BOTH outright and by prescription.....But, yes, i posted earlier in a thread that in some states companies are able to fire employees for being tobacco users, although NJ isn't one of those states.

http://law.njstatelib.org/law_files/njlh/lh1991/L1991c207.pdf

Ok, so the tobacco statute doesn't hold, but there's no equivalent prohibition on firing people for other drugs.

 

[HighwayMan]

Decriminalized and legal are two different things, states like NY have decriminalized Marijuana, in NY you recieve a "Civil Citation" for possession of less then 25 grams...

That's totally wrong.

It is a criminal violation in New York State. Not a crime (hence the term "decriminalized") but a violation under the New York State Penal Law.

You receive a CRIMINAL summons/appearance ticket and must appear in CRIMINAL court. Of course, if you have no identification on you while committing this violation you will be arrested.

 

[LeeHarveyBlotto]

If such a test exists, as an employer I can test you for eating peanut butter and legally fire you, even though eating peanut butter is legal per all state and federal laws.

 

[justalayman]

Marijuana is 100% legal in Colorado, BOTH outright and by prescription.....But, yes, i posted earlier in a thread that in some states companies are able to fire employees for being tobacco users, although NJ isn't one of those states.

http://law.njstatelib.org/law_files/njlh/lh1991/L1991c207.pdf

34:6B-1. Smoking, use of tobacco products shall not affect employment
1. No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of employment because that person does or does not smoke or use other tobacco products, unless the employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee.

L.1991,c.207,s.1.

34:6B-2. Law, workplace policies not affected
2. Nothing contained in this act shall be construed to affect any applicable laws, rules or workplace policies concerning smoking or the use of other tobacco products during the course of employment.

Is it just me or does -2 effectively castrate -1?

 

[Proserpina]

If such a test exists, as an employer I can test you for eating peanut butter and legally fire you, even though eating peanut butter is legal per all state and federal laws.

Smooth is fine.

But crunchy? Heck no. Pick up your pink slip and get outta here!

 

[tranquility]

In California, medical marijuana is legal. In California, a person can be fired for smoking marijuana (Or, for any non-prohibited reason.) even if it was used for medical purposes under the law. This has been found legal at the state supreme court level and at the federal level. I do not see the argument changing just because this happens across state lines.

 

[ki23]

If such a test exists, as an employer I can test you for eating peanut butter and legally fire you, even though eating peanut butter is legal per all state and federal laws.

Would you also have evidence that the 'Peanut Butter Test' does not have a disparate impact on any protected minority class? Since eating peanut butter, unlike smoking pot, has no effect on job performance you have a hurdle to jump. An employer could probably get away with it by picking a single employee out and doing that test but if they gave a large group the 'Peanut Butter Test' and the numbers came out with a pattern, those firings could be questioned.

 

[justalayman]

Would you also have evidence that the 'Peanut Butter Test' does not have a disparate impact on any protected minority class? Since eating peanut butter, unlike smoking pot, has no effect on job performance you have a hurdle to jump. An employer could probably get away with it by picking a single employee out and doing that test but if they gave a large group the 'Peanut Butter Test' and the numbers came out with a pattern, those firings could be questioned.

especially given todays weird world, there is a good chance somebody at the business is allergic to peanuts. Due to that and the employers possible liability and the requirements of OSHA, proactively prohibiting peanut butter, peanut products in general, and people that consume peanut butter as they may have residual particulate matter on their person, would not be outside of the rights of the employer.
Due to that, testing for peanut butter consumption would be allowed.

 

[tranquility]

Smooth is fine.

But crunchy? Heck no. Pick up your pink slip and get outta here!

"Smooth" is NOT fine! At least, if you put it on bread. Then, you'd be a racist.

http://www.examiner.com/article/portland-school-sees-racism-peanut-butter-and-jelly-sandwiches

 

[SmokeyParkCop]

In California, medical marijuana is legal. In California, a person can be fired for smoking marijuana (Or, for any non-prohibited reason.) even if it was used for medical purposes under the law. This has been found legal at the state supreme court level and at the federal level. I do not see the argument changing just because this happens across state lines.

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

 

[cbg]

Well, not quite. You can't be discriminated against in some states for using medical marijuana. But that doesn't mean that you can light up at work and not get fired for it, or that the employer has to overlook it if you're under the influence while at work. Even in those states.