Marijuana use, be it for medical or recreational purposes, is quickly becoming a more socially acceptable activity within the United States. As time goes on and more is understood about the medicinal qualities of marijuana, the longstanding illegality of the substance has come into question within many states across the country. With marijuana being legalized in multiple states for medical, and sometimes even recreational purposes, the looming federal ban on the substance is at conflict with state law and is causing some problematic legal situations. For the workplace, there is little said about employee rights within state laws on marijuana. Thus, disabled employees who may legally use medical marijuana within their state could still be punished by employers who are citing federal law. Coats v. Dish Network LLC is a currently ongoing case in Colorado that is an example of the gray area between state and federal law in regard to marijuana use. Brandon Coats was a customer service representative at Dish Network, and was licensed to legally use marijuana for medicinal purposes. Coats was largely paralyzed from the neck down due to a car accident, and used medical marijuana to treat painful muscle spasms that occurred due to his injuries. Although medical marijuana is legal in Colorado, it is still considered an illegal substance by Dish Network and not allowed under their drug testing policy. Therefore, after undergoing a routine drug test in 2012, Coats was found to have
In addition, anecdotal evidence exists that marijuana is effective in the treatment of arthritis, migraine headaches, pruritis, menstrual cramps, alcohol and opiate addiction, and depression and other mood disorders. Marijuana could benefit as many as five million patients in the United States. However, except for the eight individuals given special permission by the federal government, marijuana remains illegal-even as medicine! Individuals currently suffering from any of the aforementioned ailments, for whom the standard legal medical alternatives have not been safe or effective, are left with two choices: Continue to suffer from the effects of the disease; or Obtain marijuana illegally and risk the potential consequences, which may include: an insufficient supply because of the prohibition-inflated price or unavailability; impure, contaminated, or chemically adulterated marijuana; arrests, fines, court costs, property forfeiture, incarceration, probation, and criminal records.
Marijuana has been a hot topic of conversation over the last few years, as some states in America have legalized it medically and recreationally. By discussing the legal aspect of marijuana, the economic benefits, medical usage and how marijuana affects the family, we can see the positive and negative impact that marijuana has on sociology.
This has caused a rift in the continuity of thirty-nine different states, in addition to the capital of the United States of America and the protectorate of Guam. In these forty-one jurisdictions, legislators have eliminated the penalties for medical marijuana possession. As a result, individuals with epilepsy, cancer patients, and others who were similarly suffering are now able to turn to medical marijuana for relief. This legal transformation has occurred despite the federal government maintaining marijuana’s classification as a Schedule I controlled substance. This classification puts marijuana in the same category as cocaine and heroin, drugs with no currently accepted medical value.
The flame ignites, the smoke builds, the mind relaxes. It’s a process that at one point, could have
Strange Clouds: Is the Legalization of Medical Marijuana and CBD Oil Blurring Employers’ Drug Policies? How Should Your Company Respond?
There have been many issues with the state laws regulating Marijuana in the US. I knew this would be a good topic to choose for this unit, and in this by article by John Hudak the case of Coats VS Dish Network is discussed; the case is a perfect example of how federalism can go wrong. The problem here was the misinterpretation caused by allowing states to regulate a classified “controlled substance,” while the subject matter has a different interpretation at the Federal level. Coats was terminated for using medical Marijuana outside of his work place to treat his medical condition. He argued his case by pointing out that the State of Colorado legally allowed him to be purchase medical marijuana legally for medicating.
The topic of legalizing marijuana has been on the fore front of controversial issues ever since marijuana, cannabis, was brought into the United States from Mexico in the early 1920s. Twenty-four states and the District of Columbia have legalized medical marijuana use in the past two decades, however, only four of those states, Alaska, Colorado, Oregon, and Washington, have passed the law legalizing recreational marijuana use. Some states have already enacted laws that allowed for the possession of marijuana to such individuals that received a written prescription from their doctors. Federal law, however, has continued to prohibit doctors from writing patients a marijuana prescription, meaning
In our society, especially in recent times, the topic of interest for many is the highly stigmatized drug marijuana. Marijuana is currently under national debate on whether it should be legalized on a federal level. A myriad of news and media outlets report that marijuana is legal in multiple states for numerous reasons, but the federal government still fails to legalize it as of now. To provide insight, marijuana also referred to as cannabis, is derived from the leaves and flowers of the hemp plant and can be used in many ways—smoking, edibles (food or drink), vaporizing, tinctures, ingestible oils, topical lotions or balms, and dabbing (delivers a higher THC in the form of hash oil, wax, or shatter). THC and CBD are called cannabinoids, which are the major chemicals in marijuana that assist the user for medical purposes or recreationally. As stated by Americans for Safe Access (ASA), “The federal government claims that marijuana is not medicine and in Gonzales v. Raich (2005) the United States Supreme Court held that the federal government has the constitutional authority to prohibit marijuana for all purposes… States have recognized marijuana’s medical value” (Americans for Safe Access). Furthermore, marijuana is used recreationally and medicinally in some states and the District of Columbia under state specific laws. Although the use of cannabis is legal in certain states, in the federal government’s eyes, marijuana use,
Ever since Colorado first decriminalized cannabis for recreational use in 2012, the federal government has failed to intervene in the state’s marijuana policy. Now the states of Nebraska, Kansas, and Oklahoma have decided to take action into their owns and start a class action lawsuit against the state of Colorado. The states have decided to sue Colorado because marijuana that is legal in Colorado is being brought across state borders where marijuana is not legal causing the states to increase the policing of marijuana within their states. This paper will delve into the pros and cons of the lawsuit and explain why the state of Nebraska, as well as the other states, should just decriminalize marijuana in their
Because the accommodation of medical marijuana for applicant could impose negative effects on other employees and employers. Therefore, the negative effects that arise from accommodation should be accepted when it is less than benefits loss by the medical marijuana user with severe or terminal illnesses. Hence, the standard that businesses utilize to filter applicant’s request for accommodation of medical marijuana would increase overall society
Prepare a plan for each of the topics; write a thesis statement and complete the introduction
At the federal level marijuana is still illegal under the Controlled Substances Act (21 U.S.C § 811), effectively treating it in the same spectrum on cocaine and heroin. The federal government puts every drug into a schedule which is a principle according to potential for abuse and medical value. Furthermore the aforementioned act does not differentiate between medical and recreational marijuana in its classification as a Schedule 1 drug. Doctors can “recommend”, but not “prescribe” marijuana use under the First Amendment. On August 29, 2013 the Department of Justice wrote a guidance memo to prosecutors, which states that prosecuting state medical marijuana cases is not a federal priority. Most medical cannabis follow a set of eight guidelines as stated in the article. In the landmark case of Gonzales v. Raich (2005), the Supreme Court established the constitutional right for the federal government to prohibit marijuana in any case. The Commerce-Justice-Science bill was a bill created to prohibit the Justice Department to use funds that prevent states to enact medical cannabis laws. Lobbying on the Justice Department’s side is illegal. Compassionate Access, Research Expansion, and Respect States Act of 2015 has until December 30, 2016 to be passed. The CAREERS is a huge advancement for the developing idea and research in pertains to
An issue with far-reaching effects for business owners and HR professionals, is the advent of medical marijuana and its usage in the workplace that has led to a host of questions and concerns. For many business owners, this isn’t a new issue. 20 states and the District of Columbia have laws of some type that legalize medical use of marijuana: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, according to the National Conference of State Legislatures. Others are considering legislation, and, to top it off, Washington State and Colorado have legalized marijuana for recreational
American citizens have been hiding in the closet of “parental shame” since the beginning of cannabis prohibition. At first, moms and dads were desperate to hide their personal cannabis use out of fear of shame, incarceration, or even worse, accusations of child neglect. Public perception of the “stoner” has all but crippled the progress of those fighting the cause. We live in a society where alcohol consumption is not only accepted, but glorified. Even the morning talk show hosts on a popular national news network spend their morning sipping on wine yet the mainstream media would like us to think a parent who tokes a joint will simply “forget” their children even exist.
Drug use has been and still is an extensive concern among societies. Due to its effect on our mental and physical states it is dangerous to be on a substance when operating in a fast paced world such as ours. Thus, drug use is checked in screening processes by many employers and forbidden among our youth since children and young adults are more vulnerable to misuse. With the legalization of marijuana all parents should be concerned as what was once an illegal drug is now easily accessible to youth of all ages. The chances of exposure to marijuana and all its strains among teens is almost certain and it is up to parents to protect their children from a newfound threat. A major debate revolves around the medical aspect of the drug; it requires a license for purchase but how difficult is it to obtain this license? The age limit to qualify for a license is 18, only 3 years younger than the legal age to purchase alcohol which is well known to have an effect on decision making. There are many people who voice their opinions on this topic including presidential candidate Carly Fiorina who says that the legalization of marijuana is a bad idea.