Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Arizona Marijuana Legalization and it's effect on HR... Arizona

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Arizona Marijuana Legalization and it's effect on HR... Arizona

    It is my sincere hope that this doesn't become a debate about the legalization of marijuana. I just want to know how others are handling the questions facing the HR Department an company policy on drug use. Any takers?
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

  • #2
    Oh no no no I don't do anymore, I'm tired of waking up on the floor!

    Originally posted by CatBert View Post
    It is my sincere hope that this doesn't become a debate about the legalization of marijuana. I just want to know how others are handling the questions facing the HR Department an company policy on drug use. Any takers?

    From the HR standpoint I think it will be business as usual.
    I don't think you will EVER see the courts allow ANY LAW to supersede the rights an employer to maintain a safe and profitable work environment.
    If you do,
    you'd better pack the car and head for the hills because you don't want to know what's coming next!
    If anything, what you will see are allowable limits set as they relate to anything but employment like driving, opertating a boat or skydiving... much like alcohol.

    California decriminalized marijuana for medical use quite some time ago but,
    the law was poorly written and it did not address the issues of the user as an employee,
    and of the user as an operater of a motorized vehicle.
    Back in the day, (my day) It was simply known as pot or grass with the most exotic variety to come along was maybe Panama Red.
    You smoked a little, got stoned, laughed a lot, got the munchies and went to sleep.
    Those days are gone. Now it has names like Blueberry, Ultra Skunk, Brainstorm or Jorges Diamonds #1,
    which by way all are registered trade marks, go figure
    Now you smoke a little, and then you smoke some more and, a little more and the next thing you know,
    you're $hitfaced and have the brain of a slug for hours .
    The Highway Patrol doesn't want you out on their roads and if found to be under the influence, you WILL get a DUI.
    The employer doesn't want you on the job, If found to be under the influence it could get you or someone else killed, and or it could cost the employer his livelihood

    The problem is how much is too much?
    Marijuana has been classified as a class one narcotic,
    right up there with the big boys like Heroin, LSD, Cocaine to name a few.
    Class one narcotics are said to have no medical use,
    therefore, any research to determine at what level you are to be considered "under the influence"
    has by law been prohibited.
    Marijuana can show up in a drug test anywhere from up to 10 days after use for a lightweight,
    or up to 90 days or more for the hardcore pot head,
    and up to six months or more if a hair test is used.

    The use or possession of marijuana is still a Federal offense.
    Medical Marijuana users have gone to court after getting fired for a dirty test,
    claiming they have the right to come to and use while at work or drive because they have a "prescription"
    and they have lost.
    The courts have sided with the employer and while making no reference as to where or when the activity may have taken place,
    have ruled that the employer has the right as well as an obligation to maintain a safe and drug free work environment.
    So the old what I do on my own time behind closed doors excuse won't fly anymore.
    Employers for the most part have adopted zero tolerance and have changed the wording of their drug and substance abuse policy's slightly to read that the use of ANY illegal substance is prohibited and can lead to termination..

    The cops on the other hand, have backed off a bit,
    Now if you get pulled over, and you're found to be in possession of less than an ounce or so it's likely to be no big deal,
    however, if the cop has a REASONABLE suspicion that you MAY BE under the influence,
    you're going to be giving up some blood. no ifs, ands or buts about it.

    I do support the use of medical Marijuana,
    BUT, if you think you're going to lay around the house all day getting loaded,
    think again.
    G-E-T - A - J-O-B- !!
    ..________________
    ~ Political correctness is a doctrine, fostered by a delusional, illogical minority,
    and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that
    it is entirely possible to pick up a turd by the clean end. ~ unknown

    Comment


    • #3
      We're union, but even our CBA allows for termination in the case of drug use. We have so many Federal contracts from so many different agencies that the cost to the university, if the university policy is violated, would be outrageous. Termination is not required by the CBA but it is permitted.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Originally posted by cbg View Post
        We're union, but even our CBA allows for termination in the case of drug use. We have so many Federal contracts from so many different agencies that the cost to the university, if the university policy is violated, would be outrageous. Termination is not required by the CBA but it is permitted.
        Personally, I think it's simple. Use drugs and get caught equals bye-bye; however it is also my responsibility to reduce the companies exposure to potential lawsuits. I was a bit stunned initially that it was even a concern. Perhaps I'm naive but I figured this was the type of thing people grew out of after their early 20's and had graduated college.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

        Comment


        • #5
          You know what they say about assumptions don't you...

          Originally posted by CatBert View Post
          Personally, I think it's simple. Use drugs and get caught equals bye-bye; however it is also my responsibility to reduce the companies exposure to potential lawsuits. I was a bit stunned initially that it was even a concern. Perhaps I'm naive but I figured this was the type of thing people grew out of after their early 20's and had graduated college.
          Naive? perhaps, but I don't see that as a bad thing.
          It's good to have a little room left in your life for it.
          When the day comes that you are no longer naive,
          it means that you have just about seen and heard everything life has to throw at you.
          If something new were to come along,
          the shock would probably kill you.
          I'm four years older than dirt and running out of room so I know my days are numbered.

          I recall something my nephew once said to me when he was about eight or nine years old.
          He said he never wanted to grow up.

          I said you don't have to grow up,
          ... but you will grow older.

          ..______________
          ~ I'm older than you think I am,
          yet younger than I ever wanted to be.
          I use to be amazed,
          ...now I'm just amused. ~ drr.
          Last edited by drruthless; 03-04-2012, 10:46 AM.

          Comment


          • #6
            *searches very, very hard for the Like button*

            EXCELLENT comment, dr!
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by cbg View Post
              *searches very, very hard for the Like button*

              EXCELLENT comment, dr!
              NO DOUBT! Loved it! Thank you.
              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

              Comment


              • #8
                I liked both of your posts, drruthless!
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Originally posted by Betty3 View Post
                  I liked both of your posts, drruthless!
                  Thank you.
                  Last edited by drruthless; 03-05-2012, 05:45 PM.

                  Comment

                  The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                  Working...
                  X