Comments on: In Which I Add to the Dogpile on California Medi-Pot Protections http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/ Musings on the U.S. Legal Scene From An Outsider Fri, 29 Feb 2008 08:20:13 +0000 http://wordpress.com/ hourly 1 By: Law Guy http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-24 Law Guy Sun, 10 Feb 2008 01:54:54 +0000 http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-24 The Law needs to be more descriptive for patients and employers. The employer probably does not care if the employee uses marijuana, they are just protecting themselves legally in case of an accident. They have no choice until the law can protect them as well! The Law needs to be more descriptive for patients and employers. The employer probably does not care if the employee uses marijuana, they are just protecting themselves legally in case of an accident. They have no choice until the law can protect them as well!

]]> By: Jon http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-9 Jon Fri, 25 Jan 2008 18:38:44 +0000 http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-9 It's too bad they don't use SCOTSOC instead of SCOCAL, as the former is more consistent (the latter is only half an acronym, which irks me) and more fun to say. Though CO and CT would have the same name for their courts. I guess they probably go by SCOCO and SCOCONN, huh? I bet FL is SCOFLA. Heh. Scofflaw. It’s too bad they don’t use SCOTSOC instead of SCOCAL, as the former is more consistent (the latter is only half an acronym, which irks me) and more fun to say. Though CO and CT would have the same name for their courts. I guess they probably go by SCOCO and SCOCONN, huh?

I bet FL is SCOFLA. Heh. Scofflaw.

]]> By: iamnotalawyer http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-8 iamnotalawyer Fri, 25 Jan 2008 05:25:17 +0000 http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-8 Thanks for the tip about Leno's bill. I look forward to seeing how Sacto handles that. I am pretty sure that you'd have to sue under a disability-rights law if you were fired for taking a legal-everywhere prescription drug. That's out of my butt and two minutes with Google, but I suspect there's no law in California on prescription-drug-based discrimination because it just doesn't come up much. I can envision, say, a pilot losing her job because she's on a drug that impairs her ability to fly, but that would be -- what do they call it? -- a business necessity. A certain attention deficit disorder patient we know told me that he was drug-tested for a job while taking ADD drugs. When it came back positive for amphetamines, they were perfectly fine with it, because he'd already shown them his prescription. This must happen all the time. Thanks for the tip about Leno’s bill. I look forward to seeing how Sacto handles that.

I am pretty sure that you’d have to sue under a disability-rights law if you were fired for taking a legal-everywhere prescription drug. That’s out of my butt and two minutes with Google, but I suspect there’s no law in California on prescription-drug-based discrimination because it just doesn’t come up much. I can envision, say, a pilot losing her job because she’s on a drug that impairs her ability to fly, but that would be — what do they call it? — a business necessity.

A certain attention deficit disorder patient we know told me that he was drug-tested for a job while taking ADD drugs. When it came back positive for amphetamines, they were perfectly fine with it, because he’d already shown them his prescription. This must happen all the time.

]]> By: Becks http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-7 Becks Fri, 25 Jan 2008 00:51:58 +0000 http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-7 The ruling was a blow to California patients, but there was some good news released today. Assemblyman Mark Leno announced that he would introduce legislation to protect medical cannabis patients from employment discrimination. You can read his press release here: http://safeaccessnow.org/downloads/leno_ross_release.pdf The ruling was a blow to California patients, but there was some good news released today. Assemblyman Mark Leno announced that he would introduce legislation to protect medical cannabis patients from employment discrimination. You can read his press release here: http://safeaccessnow.org/downloads/leno_ross_release.pdf

]]> By: RumorsDaily http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-6 RumorsDaily Thu, 24 Jan 2008 22:43:24 +0000 http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-6 My guess would be that you could fire someone for taking any drugs that you place a restriction on. I haven't taken employment discrimination, but my gut instinct is that there's no protected class of (legal) drug users. My guess would be that you could fire someone for taking any drugs that you place a restriction on. I haven’t taken employment discrimination, but my gut instinct is that there’s no protected class of (legal) drug users.

]]> By: crazymonk http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-5 crazymonk Thu, 24 Jan 2008 22:28:05 +0000 http://iamnotalawyer.wordpress.com/2008/01/24/in-which-i-add-to-the-dogpile-on-california-medi-pot-protections/#comment-5 I know nothing about employment law, so this very well may be the right decision, legally. But, even if so, man is it bad policy. This would be the clarifying question: can an employer fire someone for taking Lipitor or Viagra? If not, what law prohibits them? If so, why is medical marijuana different? I know nothing about employment law, so this very well may be the right decision, legally. But, even if so, man is it bad policy.

This would be the clarifying question: can an employer fire someone for taking Lipitor or Viagra? If not, what law prohibits them? If so, why is medical marijuana different?

]]>