The fact that 190 million Americans now live in states where marijuana has been legalized to some degree is raising a number of questions and issues about how to integrate the American workforce and marijuana consumers rights in regards to drug testing. With medical marijuana is legal in 29 states and recreational marijuana for adult use in 8 states and Washington DC, millions of responsible and otherwise law-abiding adults remain at risk of being excluded from the workforce due to a positive drug test — even where the use does not affect an individual’s job performance or has taken place days or weeks prior to the test.
NORML believes that this practice is discriminatory and defies common sense. As a result, a growing coalition of NORML Chapters in California, Oregon, Colorado and Washington have come together to advocate for necessary legislative and workplace reforms to protect responsible marijuana consumers.
NORML’s Workplace Drug Testing Coalition’s efforts will focus on these four areas:
- Reform workplace drug testing policies
- Expand employment opportunities for marijuana consumers
- Clarify the difference between detection technology and performance testing
- Highlight off-duty state law legal protections for employees
“Even though marijuana is legal and readily available in several states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML. “That is why many NORML chapters active in legal states are now shifting their attention to protecting honest, hardworking marijuana consumers from these sort of antiquated, discriminatory workplace drug-testing practices, in particular the use of random suspicionless urine testing.”
Employer testing of applicants or employees for trace metabolites (inert waste-products) of past use of a legal substance makes no sense in the 21st century. This activity is particularly discriminatory in the case of marijuana where such metabolites may be detectable for weeks or even months after the consumer has ceased use.
With the 2017 Legislative Session underway, this issue is finally getting the attention it deserves. Legislation has already been introduced in Oregon and Washington, and is gaining traction in those states.
“Random suspicionless drug testing of applicants or employees for past marijuana use is not just unfair and discriminatory, it’s bad for business,” said attorney Judd Golden of Boulder, Colorado, a long-time NORML activist and Coalition spokesperson. The modern workforce includes countless qualified people like Brandon Coats of Colorado, a paraplegic medical marijuana patient who never was impaired on the job and had an unblemished work record. Brandon was fired from a Fortune 500 company after a random drug test, and lost his case in the Colorado Supreme Court in 2015. The Court unfortunately found Colorado’s lawful off-duty activities law that protects employees for legal activities on their own time didn’t apply to marijuana use.
California NORML is also expecting legislation to be introduced this session to address this issue. Ellen Komp, deputy director of California NORML said, “One of the most frequently asked questions we have been getting since Prop. 64 passed legalizing adult marijuana use in California last November is, ‘Am I now protected against drug testing on my job?’ Sadly in our state, not even medical marijuana patients are protected against job discrimination, and it’s a priority of Cal NORML to change that. We are hoping to get a bill introduced at the state level and are working with legislators, unions, and other reform groups to make that happen.”
NORML Chapters across the country are advocating on behalf of the rights of responsible marijuana consumers against discrimination in the workplace. “Our coalition was formed with the intention of not only educating legislators, but also with businesses in mind. It is important they know testing for marijuana is not mandatory, and that employers have testing options,” said Jordan Person, executive director for Denver NORML. The Denver chapter is currently working with companies that offer performance impairment testing of workers suspected of on-the-job impairment or use rather than unreliable bodily fluid testing to help provide options for employers.
For decades drug testing companies and others have pushed their agenda through a campaign of misinformation. Until now there has never been an organized effort to challenge the profit- driven ideology of those who seek to benefit from intrusive drug screening. Mounting evidence continues to prove there is no logical reason why adult marijuana consumers should be treated with any less respect, restricted more severely, and denied the same privileges we extend to responsible adults who enjoy a casual cocktail after a long day at the office.
For legal questions, please contact Coalition spokesperson Judd Golden at firstname.lastname@example.org. For other marijuana related questions or an interview, please contact Kevin Mahmalji at email@example.com.
The election of Donald Trump coincided with a whirlwind of activity surrounding marijuana policy, as voters in eight states decided in favor of initiatives regulating the distribution of cannabis for either medical or non-medical purposes.
Yet despite this statewide progress, the specter of marijuana prohibitionists such as Alabama Sen. Jeff Sessions being appointed to federal offices in the new administration has justifiably left advocates, including NORML, uneasy.
But this week, Trump nominee for Treasury Secretary Steve Mnuchin, bucked this trend — indicated that he is open to the idea of working with financial regulatory agencies to level the playing field for local marijuana businesses.
Currently, state-licensed marijuana business face a web of conflicting regulations. Specifically, federal prohibitions largely prohibit these businesses from working with financial institutions, processing credit cards, and taking standard business deductions. When asked about these financial hurdles, Mnuchin stated, “I will work with Congress and the President to determine which provisions of the current tax code should be retained, revised or eliminated to ensure that all individuals and businesses compete on a level playing field.”
No industry can operate safely, transparently, or effectively without access to reliable banking solutions. While it is encouraging to see that a small but growing number financial operators are beginning to provide necessary services to those engaged in state-compliant cannabis commerce, it is self-evident that this industry will remain severely hampered without better access to credit and financing.
But while Mnuchin’s statements may indicate a step in the right direction, ultimately, the responsibility is upon Congress — not upon the US Treasury Department or upon state lawmakers — to change federal policy so that these growing number of state-compliant businesses, and their consumers, may operate in a manner that is similar to other legal commercial entities.
There will be a number of pieces of legislation introduced in Congress to address these federal banking issues in the near future, and NORML will notify you as further developments unfold.
Please make sure to join our email list to receive our action alerts.
As the nation’s largest and oldest consumer rights group, NORML is committed to supporting efforts that provide a safe, convenient, aboveground market for cannabis consumers, and that allow local entrepreneurs to enter the marketplace free from undue federal interference.
This morning in Ottawa, a government task force assigned to study legalizing and regulating the adult use of marijuana in Canada released their recommendations. The task force recommended that sales should be restricted to those over the age of 18 with a personal possession limit of 30 grams. Their recommended model of legalization would put heavy restrictions on most types of cannabis advertising and tax the product based on THC content. The task force suggested that both storefronts and delivery services would be allowed as well as the home cultivation of up to four plants. They also believe that all of Canada’s current laws regarding medical marijuana remain in place as they are currently with no change.
“The prohibitory regime exists does not work and has not met the basic principles of public health and safety that have to be at the core of this public policy,” stated Anne McLellan, former minister of justice and chair of the task force.
The group’s nine members had discussions with scientific experts across Canada and received the opinions of over 28,000 citizens via online consultations before making their recommendations. They also made visits to states in the US that have already legalized marijuana for adult consumption.
While the task force’s recommendations are non-binding, they announced during the press conference that the Canadian government will present legislation in the spring of 2017 modeled after this report. The implementation date of that legislation is still unclear.
With Canada blazing a new and smarter path forward on marijuana policy, the pressure will only continue to build on the United States government to reform our federal marijuana laws.
You can read the full report HERE.
As more and more states continue to embrace some form of legal cannabis, it’s important that we begin to examine what partnership opportunities exist among the thousands of emerging cannabis-related companies that are eager to promote their products and/or services to NORML’s vast network of cannabis consumers and advocates. But where do we begin? From marketing and public relations, to growing supplies and consumer products, the possibilities are endless.
After much consideration, NORML has decided to engage in partnerships with companies that genuinely support our organization’s mission of reforming cannabis laws on the local, state and federal level. These are companies that understand the need to invest in ending the mass incarceration of nonviolent marijuana consumers and that are committed to ending the federal prohibition of marijuana.
With that said, please join us in welcoming Black Rock Originals as an official sponsor of NORML. Like our other partners, Black Rock Originals founders Tommy Joyce and Nick Levich, are committed to seeing the federal prohibition of cannabis come to an end. Founded in 2014, Black Rock Originals designs, markets and distributes the “Safety Case,” a discreet, travel-friendly cannabis kit for the modern consumer. From rolling and smoking to vaporizing and dabbing, their convenient kit has all the essentials a cannabis consumer would need while on the go.
“I believe it’s imperative for both companies and consumers in the cannabis space to vote with their dollar. Consumers have the power to educate themselves and support cannabis businesses who are positively impacting the industry’s legalization efforts, and in turn, that revenue can be allocated to supporting the critical reform efforts our fledgling industry needs,” Tommy said. “ We pride ourselves on providing a high level of service with an emphasis on transparency and education – two values that the cannabis industry has traditionally struggled to embrace.”
Through the support of responsible cannabis-related companies like Black Rock Originals that believe in NORML’s mission, we will be able to continue and expand our efforts to end the war on responsible cannabis consumers.