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states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML.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 email@example.com. For other marijuana related questions or an interview, please contact Kevin Mahmalji at firstname.lastname@example.org.
On the heels of the 2016 election – where four states voted to approve adult-use marijuana initiatives, and four more voted to approve medical marijuana initiatives – NORML Chapters across the country are lobbying their state legislators for additional reforms. In the coming weeks, NORML Chapters around the country, such as California NORML, Connecticut NORML, Wyoming NORML, and Virginia NORML, will be focusing their time and energy in support of dozens of statewide reform bills seeking to amend various aspects of their state’s marijuana policies.
To help increase the likelihood of success for these volunteer-led lobbying efforts, NORML has created a citizen lobby guide. This comprehensive booklet will assist activists in planning and execution of a successful lobby day. It also provides organizational checklists and a legislative questionnaire so that marijuana activists, regardless of the state they’re located in, will be fully prepared to meet with state lawmakers to discuss meaningful marijuana law reforms and to most effectively communicate NORML’s message of ending the prohibition of marijuana on the local, state and federal level.
Citizen Lobby Guide: http://norml.org/pdf_files/NORML_CitizenLobbyGuide.pdf
In addition to offering support through NORML’s Citizen Lobby Guide, we have created more than 30 action alerts targeting state lawmakers across the country urging their support for marijuana legislation being considered in their state. Simply click on the link below and enter your information to join the fight!
Take Action: http://norml.org/act
We hope that with these tools, along with the direct support of NORML staff, marijuana activists will have the resources needed to effectively lobby state lawmakers in support of marijuana law reforms.
Here’s a list of scheduled NORML Chapter Lobby Days below:
- Virginia NORML – Jan 30
- Arizona NORML – Feb 2
- Texas NORML – Feb 8
- Houston NORML – Feb 8
- DFW NORML – Feb 8
- Waco NORML – Feb 8
- New Mexico – Feb 21
- Missouri NORML – Feb 28
- Kansas City NORML – Feb 28
- Greater St. Louis NORML – Feb 28
- Mid-Missouri NORML – Feb 28
- Springfield NORML – Feb 28
- University of Missouri NORML – Feb 28
- North Carolina NORML – Mar 1
- Charlotte NORML – Mar 1
- Denver NORML – Mar 7
- Colorado NORML – Mar 7
- Monterey County NORML – Mar 7
- NORML Women of Washington – Mar 7
- Washington NORML – Mar 7
- Portland NORML – Mar 7
- Michigan NORML – March 30
- Illinois NORML – May 17
- California NORML – June 5
To get involved or to find out more information about a lobby day in your state, please email: KevinM@NORML.org.
GOP lawmakers in Wisconsin have a track record of opposing efforts to reform marijuana laws in the Badger State, but a recent comment from Assembly Speaker Robin Vos has some marijuana advocates hopeful for progress during the 2017 legislative session.
“If you get a prescription to use an opiate or you get a prescription to use marijuana, to me I think that’s the same thing,” Vos said, a surprising position after years of GOP opposition to legalizing any form of marijuana. “I would be open to that.”
Of course this came as a surprise to many, especially after Senate Majority Leader Scott Fitzgerald and Governor Scott Walker have both repeatedly stated that they will continue to oppose any effort to advance the issue in the state of Wisconsin. Regardless of the lack of support from GOP leadership, Sen. Van Wanggaard is expected to sponsor legislation that would make it legal to possess cannibidiol (CBD) – the marijuana extract known for treating seizures associated with epilepsy – during the upcoming legislative session.
Officials in the Village of Oswego, Illinois recently passed an ordinance that allows local law enforcement to issue tickets and fines to anyone found with small amounts of marijuana or certain drug paraphernalia. For example, if a person is in possession of drug paraphernalia and is convicted of possessing 10 grams or less of marijuana, the charge for the paraphernalia is now considered a civil law violation, punishable by a minimum fine of $100 and a maximum fine of $200.
Marijuana-related offenses became civil violations after the Illinois state legislature voted to amended the Cannabis Control Act in 2016, but it is up to local governments to amend their local marijuana laws to reflect the change at the state level.
“Oswego’s fines will begin at $100 for the first offense and $150 and $250 for second and third offenses. There is a maximum $750 penalty for repeat violators,” said Oswego Police Chief Jeff Burgner.
The City of Yorkville adopted a similar ordinance in October.
Read more here: http://www.chicagotribune.com/suburbs/aurora-beacon-news/news/ct-abn-oswego-marijuana-st-0105-20170104-story.html
Members of Congress have re-authorized a federal provision prohibiting the Justice Department from interfering in state-authorized medical cannabis programs. The provision, known as the Rohrabacher-Farr amendment, was included in short-term spending legislation, House Resolution 2028, and will expire on April 28, 2017.
Initially enacted by Congress in 2014, the amendment maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” In August, the Ninth Circuit Court of Appeals unanimously ruled that the language bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.
Because the provision is included as part of a Congressional spending package and does not explicitly amend the US Controlled Substances Act, members must re-authorize the amendment annually. However, House leadership may prohibit federal lawmakers from revisiting the issue when they craft a longer-term funding bill this spring. Such a change in House rules would require members of the Senate to pass an equivalent version of the legislation, which would then need to be approved by House leaders in conference committee.
Looking ahead to 2017, marijuana law reforms face an uncertain future. Therefore, it is more important than ever that this federal protection remains in place to ensure that these patient programs and those who rely upon them are not subject to federal interference.