EXECUTIVE SUMMARY Twenty-five states and the capital of the United States, Washington D.C. have legalized the use of medical marijuana. This poses a problem for employers that have a strict zero tolerance drug policy while abiding by the Americans with Disabilities Act. For example, an employee can be prescribed medical marijuana by their doctor to relieve certain diseases or symptoms such as cancer and migraines. The objective of this paper is to discuss and illustrate the right of an employer to apply their drug policy and not be required to accommodate an employee and/or applicant’s need for medical marijuana. RELEVENT FEDERAL, STATE, & INTERNATIONAL LAWS Within the twenty-five states that legalized marijuana, four of which has legalized …show more content…
Even alcoholism and drug addiction is considered a disability and is protected under the ADA. However, the interpretation of the ADA has become hazy with the use of prescribed medical marijuana for a disability. Similar to state marijuana laws, there are distinct state laws concerning disability, such as the Michigan’s Persons with Disabilities Act and California’s Fair Employment and Housing Act, so a multi-state employer must carefully navigate their company policy to accommodate the ADA and the individual state disability laws. It should be noted that employers are contracted by a Federal agency are required to comply by the Drug-Free Workplace Act of 1988 ("Drug-Free Workplace Act of 1988", …show more content…
The Pines of Clarkston, Inc., the plaintiff, Jamie Holden, claimed to be wrongfully terminated by the defendant after taking a physical exam and a drug test which revealed Holden tested positive for marijuana. This violated the company’s drug testing policy. It was revealed that Holden was taking medical marijuana for epilepsy. After meeting with the defendants, Holden was informed that she could not perform the job due to her condition and was terminated. The defendant was in violation of the ADA and the court ruled in the plaintiff’s favor. While Holden did fail the company’s drug test, the defendant wrongfully discriminated against Holden because of her disability. It could be argued that if the defendant claimed to terminate Holden’s employment because of her failed drug test, it would be in their right. However, during the deposition the defendant specifically brought up Holden’s disability and not violating the company’s drug policy as reason to terminate her from the
Medical marijuana has been one of the most controversial topics in politics for years regardings its legalization and any possible benefits. Marijuana is commonly referred to as the “gateway drug” and has been thought to be what causes the downfall of our youth in today’s society. This has caused Marijuana to earn a bad reputation due to the immense surrounding propaganda and bias opinions. Cannabis is the scientific name of the plant which is absolutely natural and free of chemicals, but the psychoactive components in the plant has been proven to be of medical use. If medical marijuana is prescribed correctly it has the potential to help thousands of patients due to the variety of benefits it can medically provide. Medical Marijuana should
According to the United Nations, “158.8 million people around the world use marijuana—more than 3.8% of the planet’s population” (Marijuana). Marijuana has become a crucial topic throughout the world in recent years. Marijuana has been legalized medically throughout many countries, such as Australia, Chile, Spain, and Uruguay. Within the United States of America, twenty-eight states have legalized marijuana for medicinal use, the most recent legalization passed was in the state of Florida. Therefore, one can assert that medical marijuana is a controversial topic locally and globally. Medical marijuana portrays many advantages and disadvantages within society. Medical marijuana portrays many benefits to victims of Post Traumatic Stress Disorder,
Question #2: Are individuals given “prescriptions” for medical marijuana? If not, what do they get and how does the process work?
The topic of marijuana, both medicinal and recreational use, has been one of controversy over the past few decades. As with any drug, the abuse or overuse of marijuana can lead to adverse health effects. These effects are especially prominent and the most influential among adolescents, which substances in general pose the most risk too. Although the developmental influence of marijuana is detrimental to this population, it is not intended for adolescent use as is the case with alcohol. According to The National Survey on Drug Use and Health (NSDUH) published in 2016, rates of use among adolescents has
Marijuana is classified as a Schedule I substance under the US federal Drug Scheduling system created by the Controlled Substances Act of 1970 (CSA), which indicates that the substance has a high potential for abuse and no approved medicinal use. This policy has the support of several propionate organizations such as the National Institute of Drug Abuse (NIDA) and the American Medical Association (AMA) (Office of National Drug Control Policy 2014). Despite these facts, Medical Marijuana is currently legal in 23 States and the District of Columbia (23 Legal Medial Marijuana States and DC 2014). The use of medical marijuana in these states is supported by several national organizations such as the American Nurses Association, the
Marijuana is a herb, also known as cannabis sativa. It is a hemp plant that refers to plant leaves and flowers. Cannabis is used for many things, mainly as a painkiller. It is also known as a relaxtion drug that gives a calm feeling to those who use it. Marijuana also has various other names, such as pot, weed and grass.
Federal government has the power to control all the state local activities including the purely local that can have substantial effect on the interstate commerce. In the case of growing marijuana plant at home for personal consumption being for medical use, the federal government banning that marijuana sounds not right at first glance. The marijuana plants are grown within a state and the grower cultivates the plant for personal use and the situation sounds like no interstate commercial activities are involved or affected.
February 26 2016, Vancouver: Federal Court Judge Michael Phelan has ruled against the “arbitrary and overboard” legislation introduced by the former Conservative government that stopped patients from cultivating their own medical marijuana in Canada.
This is a tricky question to answer, so I'm going to start with medical marijuana.
When you look at Medical Marijuana what do you see? Some people would say it’s just a drug, others would say a cure. People say it’s a waste of space and time, others say it’s a savior. How would you feel if after all the voting you done against medical usage of marijuana, was the only thing that could save your life, a family member's life, or worst of all your child's life. Just cause you may not need it, doesn’t mean others don’t. Think about others and not just yourself, saving a life is worth so much more than you may think.
Growing up I had a friend named Todd. He lived down the road from me, about 2 streets down. Todd use to stay at my house three or four nights a week. I never knew why, it didn’t bother me in fact, it was like having another brother. We did everything together, played on the same football team, played video games together, and went on vacationing together. To Todd my parents were his parents, they did everything he wished his parents would do. It wasn’t until high school that I finally asked Todd why he didn’t like staying at home. His response will stick with me forever. He said he didn’t like being at home because his parents were always high and because of this they would never talk to him, cook for him, or spend any amount of time with him.
Medical marijuana has many positive effects in its use although there are some negatives that go with that. As reported in an article from the Live Science website and another article from the Opposing Viewpoints website, medical marijuana is a popular drug used for pain and stress relief and a wide range of other conditions. According to the same internet article, marijuana has been legalized in different states in America to treat a number of conditions such as epilepsy and cancer and for "any other illness for which marijuana provides relief." Medical marijuana, although it is illegal in New Zealand, it can cure a wide range of conditions. On the other hand the Opposing Viewpoints website reported medical marijuana has its negative effects
Looking around us today the youth of our nation is far more advanced in many aspects then ever before. From the mature styles of clothing to their ability to operate technology better then their parents, adolescents believe they are mentally older and able to make adequate decisions. This is a dangerous mind frame to have when the world around these adolescents is a rapidly growing marijuana market. Medical marijuana is a popular topic of conversation with not enough emphasis on its direct effect on the listening ears of children. The idea of medical marijuana is a stepping-stone in adolescents’ minds with the impression of, if it is considered medicine it’s there to help. In a perfect world adolescents would be sheltered from all harm but our world is not perfect and medical marijuana is a downward spiral with its increased use by children. Proactive action is necessary against this easily accessible drug to protect the innocents of the children and as a society we can do so by diminishing its name, false praises, and availability.
Respondents Angel Raich and Diane Monson are residents of California, were the Compassionate Act was passed by the California voter, this act allows the use of marijuana for medical purposes. Both residents suffer from a number of serious medical conditions and are being treated by licensed board-certified family practitioners. The practitioners believe that marijuana is the only effective drug available for their condition. Raich and Manson have been using marijuana for several years per their doctor’s recommendations, they both rely on cannabis on a daily basis. Raich’s physician believes that she will undergo server pain that could be fatal if she stop the cannabis treatments.
Another potential challenge is a new law. California just passed a proposition that makes marijuana legal and allows people to grow it in their backyard for recreational purposes. There are people who are worried about how this might affect our area since it is known for pot and is a good source of our economy. Those people think it might cause hardship for people and business that relied on it and make more people homeless as a result.