Members of the Colorado Supreme Court have unanimously affirmed lower courts’ rulings that employers possess the authority to fire employees for their off-the-job use of marijuana. The Court found that the plant’s legal status under state law does not make the act of consuming cannabis “lawful” under the state’s Lawful Off-Duty Activities Statute.
The Justices opined, “The supreme court holds that under the plain language of section 24-34-402.5, C.R.S. (2014), Colorado’s ‘lawful activities statute,’ the term ‘lawful’ refers only to those activities that are lawful under both state and federal law. Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute.”
The ruling upholds the decision by Dish Network in 2010 to fire employee Brandon Coats, a quadriplegic who used cannabis to treat muscle spasticity. Coats failed a random urine screen. Such tests identify the presence of the inert metabolite (byproduct) carboxy-THC, which may be present in urine for weeks or even months after one has ceased using the substance. Consequently, the Justice Department acknowledges, “A positive test result, even when confirmed, only indicates that a particular substance is present in the test subject’s body tissue. It does not indicate abuse or addiction; recency, frequency, or amount of use; or impairment.”
The Colorado decision mirrors those of courts in California, Oregon, and Washington — each of which similarly determined that state laws exempting marijuana consumers from criminal liability do not extend to civil protections in the workplace.
According to a study published last year in the Journal of Addictive Diseases, employees who test positive for carboxy-THC do not possess an elevated risk of workplace accident compared to employees who test negative.
Full text of the decision, Coats v. Dish Network, is here.
One-quarter of patients with multiple sclerosis report having used cannabis therapeutically and nearly one out of six (16 percent) currently use it to treat symptoms of the disease, according to survey data commissioned by the North American Research Committee on MS.
Over 5,600 MS patients participated in the survey, the results of which were presented last week at the Consortium of Multiple Sclerosis Center 2015 Annual Meeting.
Most subjects who had tried marijuana said it mitigated disease symptoms, such as spasticity or pain. Only five percent of patients surveyed said that cannabis said it did not provide some level of relief.
Those with more advanced symptoms of MS were more likely to report using cannabis therapeutically.
Of those surveyed, 82 percent said that they would consider cannabis therapy if it were a legal option in their state.
Clinical trials have previously reported that cannabis inhalation is superior to placebo in reducing pain and spasticity in patients with treatment-resistant MS. Other studies indicate that long-term use of cannabinoid therapy may potentially modify MS progression.
Previously survey data published in the journal Neurology reported that 14 percent of MS patients used cannabis for symptom management.
When my answer to the questions, “So what do you want to do?” changed from “I don’t know” to “I want to advocate for marijuana law reform” I got surprised faces, sometimes gasps, many smiles and A LOT of what I like to call, hushed support. Hushed support is the kind of support where someone congratulates you and tells you how much they agree with you, but also lowers their voice in hopes that no one else was paying attention. As a born and raised Floridian, I understood the hesitancy to speak at a regular volume when talking about the need for cannabis law reform. What I didn’t understand, however, was how one could be content hiding how they really felt. How much support does ‘hushed support’ really offer? It was these reactions that solidified my desire to advocate for marijuana policy reform for a living.
As NORML’s newly appointed Political Director I couldn’t be more excited to join a team of groundbreakers and thought leaders. I feel honored to continue the legacy NORML has in place and a necessity to serve it well. I am eager to have the chance to represent NORML in the political sphere and to provide an even louder voice to the tens of millions of cannabis consumers from around the country.
While I have found a more permanent role in the marijuana policy debate, I challenge you to find yours. I challenge you to no longer offer ‘hushed support’ and instead proudly take action and responsibility to help reform the laws in your state. (If you aren’t sure what they look like, check it out here!)
I’m excited to open this new door and advocate for something I truly believe in: legalizing the responsible use of cannabis by adults around the country. So I invite you to join me as I embark on this new journey with NORML and hopefully I can encourage you to help me along the way and bring a voice to your own communities.
With enthusiasm and gratitude, I thank you for welcoming me into the NORML family.
Along with family picnics and public concerts, as a country we wear poppies and decorate the graves of the fallen on the last Monday in May to honor our soldiers who have died while serving in the military. It is a holiday to remember their great sacrifices to protect our country, our citizens, and our way of life.
As we pause to celebrate Memorial Day this year, it also gives us an occasion to consider the sacrifices made by all those who have served, including the tens of thousands of veterans living with post-traumatic stress disorder (PTSD) and other emotional problems resulting from their service to our country.
While additional placebo-controlled research is needed to reconfirm the benefits of medical marijuana in reducing PTSD symptoms, existing research, along with anecdotal accounts from large numbers of PTSD sufferers, is sufficient today to justify its recommendation by physicians. Many combat veterans suffering from PTSD rely on cannabis to control their anger, nightmares and sometimes-violent rage.
Currently, those physicians affiliated with the US Department of Veterans Affairs may not legally recommend the use of medical marijuana to those veterans who could benefit from it use, even in states that have legalized the medical use. But that finally appears to be changing.
Offered as an amendment to a veterans affairs and military construction bill, a provision to expand medical marijuana coverage to US veterans was approved this week by the Senate Appropriations Committee, assuring it will be included in the version of the bill that will be sent shortly to the full senate for consideration. A similar amendment to a House military appropriations bill recently failed by only three votes on the floor of the House (210-213), setting up the need for a reconciliation process between the House and Senate versions of the appropriations bill, and the likelihood of the amendment being included in the final version of the bill approved by Congress.
While this most recent progress in Congress to approve the medical use of marijuana as a treatment option for VA physicians treating veterans is promising, it is but one small step in a longer process that must continue forward before marijuana is recognized under federal law as a valuable therapeutic agent for many conditions and illnesses.
But on this Memorial Day 2015, let’s honor our military men and women who have given the ultimate sacrifice, as well as those surviving veterans who have served their country with distinction, by committing ourselves to assuring that all Americans, and especially our veterans, have access to whatever therapies treat their symptoms and conditions most effectively and help them heal, including the option of medical marijuana; and by removing the remaining governmental obstacles that undermine this noble goal and interfere with the physician-patient relationship.
For those not able to attend NORML’s Legislative Fly-in, I have put together a list of marijuana-related bills currently pending in Congress as well as the names and Twitter accounts associated with members of specific committees that we plan to target during our social media campaign. By using social media, we will be able to add another layer to our lobbying efforts and will also provide each and every one of our members a chance to have their voice heard on these issues. I encourage all of you to start promoting our Twitter campaign to your networks as soon as possible.
Apply pressure on members of the House Subcommittee on Health, the Senate Committee on the Judiciary and the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations by engaging them through a coordinated social media campaign using specific messaging and hash tags to track our activity. Using the #NORML hash tag gives us the power to bring attention to and mobilize a larger and more diverse coalition of social media activists to support and/or join our efforts. Also, it’s important that we stay on message so please avoid altering the language provided. By maintaining a consistent message, we will be able to present a coordinated and disciplined effort.
Simply cut and paste the Twitter handle and language provided below into your Twitter account and hit send. Please make sure that you use the directory so that you contact each representative directly. I’ve provided an example of what each tweet should look like for each bill. I recommend coordinating specific times with your organization and its membership to maximize our efforts.
H.R. 1013: “[Insert Twitter Handle] I urge you to support House Resolution 1013, the Regulate Marijuana Like Alcohol Act. It’s time for a new approach! #NORML”
S.683: “[Insert Twitter Handle] I urge you to support the Compassionate Access, Research Expansion, and Respect States Act. America is ready! #NORML”
H.R. 667: “[Insert Twitter Handle] I urge you to support House Resolution 667, the Veterans Equal Access Act. America’s veterans deserve better! #NORML
Subcommittee on Crime, Terrorism, Homeland Security, and Investigations
Members & Twitter Accounts:
- Chairman – Rep. Jim Sensenbrenner (@JimPressOffice) – WI
- Rep. Steve Chabot (@RepSteveChabot) – OH
- Rep. Randy Forbes (@Randy_Forbes) – VA
- Rep. Ted Poe (@JudgeTedPoe) – TX
- Rep. Jason E Chaffetz (@jasoninthehouse) – UT
- Rep. Trey Gowdy (@TGowdySC) – SC
- Rep. Raúl Labrador (@Raul_Labrador) – ID
- Rep. Ken Buck (@RepKenBuck) – CO
- Rep. Rob” Bishop (@RepRobBishop) – UT
- Rep. Rep. Jackson Lee (@JacksonLeeTX18) – TX
- Rep. Pedro Pierluisi (@pedropierluisi) – PR
- Rep. Judy Chu (@RepJudyChu) – CA
- Rep. Luis Gutiérrez (@RepGutierrez) – IL
- Rep. Karen Bass (@RepKarenBass) – CA
- Rep. Cedric Richmond (@RepRichmond) – LA
Committee on the Judiciary
Members & Twitter Accounts:
- Chairman – Chuck Grassley (@ChuckGrassley) – IA
- Senator Patrick Leahy (@SenatorLeahy) – VT
- Senator Orrin G. Hatch (@OrrinHatch) – UT
- Senator Dianne Feinstein (@SenFeinstein) – CA
- Senator Jeff Sessions (@SenatorSessions) – AL
- Senator Lindsey Graham (@GrahamBlog) – SC
- Senator John Cornyn (@JohnCornyn) – TX
- Senator Michael S. Lee (@SenMikeLee) – UT
- Senator Ted Cruz (@SenTedCruz) – TX
- Senator Jeff Flake (@JeffFlake) – AZ
- Senator David Vitter (@DavidVitter) – LA
- Senator David Perdue (@Perduesenate) – GA
- Senator Thom Tillis (@ThomTillis) – NC
- Senator Richard Blumenthal (@SenBlumenthal) – CT
- Senator Christopher A. Coons (@ChrisCoons) – DE
- Senator Al Franken (@alfranken) -MN
- Senator Amy Klobuchar (@amyklobuchar) – MN
- Senator Sheldon Whitehouse (@SenWhitehouse) – RI
- Senator Dick Durbin (@SenatorDurbin) – IL
- Senator Charles Schumer (@SenSchumer) – NY
Subcommittee on Health
Members & Twitter Accounts:
- Chairman – Rep. Dan Benishek (@CongressmanDan) – MI
- Rep. Gus Bilirakis (@RepGusBilirakis) – FL
- Rep. Phil Roe (@DrPhilRoe) – TN
- Rep. Tim Huelskamp (@CongHuelskamp) – KS
- Rep. Mike Coffman (@RepMikeCoffman) – CO
- Rep. Beto O’Rourke (@RepBetoORourke) – TX
- Rep. Ann McLane Kuster (@RepAnnieKuster) – NH
- Rep. Raul Ruiz (@CongressmanRuiz) – CA
- Rep. Brad Wenstrup (@RepBradWenstrup) – OH
- Rep. Ralph Abraham (@RepAbraham) – LA
- Rep. Mark Takano (@RepMarkTakano) – CA
- Rep. Julia Brownley (@JuliaBrownley26) – CA