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Old 03-05-2007, 03:35 PM   #1 (permalink)
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ASA Legal Tip of the Month (March, 2007)

ASA Legal Tip of the Month:
Your Rights as a Worker
and a Medical Marijuana Patient


Unfortunately, medical marijuana patients are currently discriminated against at the workplace. If you apply for a job at a company that bases your prospective employment on a negative test for marijuana, an employer is within their right to refuse you employment. This unfair practice is in part the result of a California appellate court ruling in Ross v. RagingWire, which allows employers to fire or refuse to hire medical marijuana patients. Americans for Safe Access (ASA) joined the lawsuit, and it is currently pending before the California Supreme Court. Through this case, ASA will fight for the right of patients to work free from discrimination.

In the meantime, precautions should be taken with your existing or prospective employers. As an employee, a patient does not have to consent to a test for marijuana even if a random drug test agreement was signed. In the event of a marijuana test, it may be helpful to indicate to the employer that you are a qualified patient and that you will fail the test if taken. As a prospective employee, you can either be up front about your patient status and risk possible discrimination, or seek out employers that don't test for marijuana. Stay tuned for progress in the Ross case, and read more about it here:

http://www.safeaccessnow.org/briefbank#rossvragingwire

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Old 05-30-2008, 08:21 AM   #2 (permalink)
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Unhappy Re: ASA Legal Tip of the Month (March, 2007)

i was just self terminated because of my medical card, i tried to be upfront and 70% of the people i ran into took me in with open arms, however when a situation in sd occured and they asked me bout my medicine i told them my preferance was mmj and that i was under california law i was a legal mmj patient, i was self terminated yesterday...im not a bad employee, other than being late once or twice i had no other bad rep...my supervisors who were there yesterday were mad that i was gettin fired, and expressed they're anger towards those who were firing me...i felt helpless and that job was actually one of the best jobs i could have....we should fight for this cause...i was never under the influence while i was work, i always kept that either a after work thing, or 4-5 hours b4 my shift started i was always 15-hour early...i only carried it with me cause it was a company policy to bring your medication with you. and that was my form of medication
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Old 05-30-2008, 10:47 AM   #3 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

I'm sorry to hear your story. Unfortunately, we hear stories like this all the time from patients. That's why we're working so hard to change state law by passing AB 2279, which would protect patients' employment rights.

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Old 05-30-2008, 12:33 PM   #4 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

well if at anytime you need any help i dont mind being on the front lines
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Old 05-30-2008, 01:51 PM   #5 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

ASA thanks so much for what your doing.

IMO your work needs to know nothing. They dont need to know you use mmj, or that you are a patient. Its to controversial and i cant let the success of a job lye in the hands of the opinion of the supervisor.
If you HAVE to take a test, why not try a detox drink? At that point if you fail, use your rec. I do believe detox drinks are in the works of being illegal... However they do work, IMO of course.
Until ASA calls victory on this, silence...is golden.
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Old 05-30-2008, 03:00 PM   #6 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

over 85% of the people who work at that job smoke bud or worse, from some of their top people to the grunts, but they seem to look away from most people so that they can get grants. the founder use to and more-likely still does weed
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Old 05-31-2008, 08:03 PM   #7 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

i worked at a place that drug tested.. but the manager and i got into such a long conversation my first day she forgot to give it to me and i was never tested. It was funny because i didnt find out they tested until i was hired and i would have failed soo badly. lucky lucky lucky


oh and nothing good can come from your employer knowing
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Old 06-04-2008, 10:29 AM   #8 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

I had a boss tell me once that they didn't accept mmj as reasonable treatment and told me i had to switch to marinol so i go a script and never took one but if he asked here they are.

I still smoke....... Heavily

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Old 06-06-2008, 10:25 AM   #9 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

ahahah funny
but with that new bill out im praying that it passes...ima be able to go back in time for warp tour...that would make my day...and get back to working...
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Old 06-06-2008, 06:38 PM   #10 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

Quote:
Originally Posted by thenmurphsaid View Post
ahahah funny
but with that new bill out im praying that it passes...ima be able to go back in time for warp tour...that would make my day...and get back to working...
dont pray

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Old 06-06-2008, 08:00 PM   #11 (permalink)
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Re: ASA Legal Tip of the Month (March, 2007)

even if the law passes, I would still keep it on the DL. If your employer is against
MMJ, they will find other ways of getting rid of you. just because the law passes doesn't mean your safe, it will help, but I wouldn't trust my employer yet...
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Old 08-22-2008, 07:00 PM   #12 (permalink)
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Cool Re: ASA Legal Tip of the Month (March, 2007)

I thank God every day that i have a job where my boss uses her MM more frequently than I do. We were able to go to the doctor together in order to be referred. But i know for a fact that if i wasn't working with her i would have to find a job that didn't test and didn't threaten to because i have to say that having the freedom to medicate makes every day at work physically bearable. My heart goes out to those of you who have lost your jobs.
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