Now that America has some form of legalization in 23 states and the District of Columbia, activists must reevaluate those state’s laws to refine the details of their legalization systems. There are three distinct areas in which cannabis laws need clarification and evolution: employment issues, child custody issues, and DUID charges. This week, I will discuss the important area of employment discrimination.
First, let’s be clear: no one should go to work in an impaired condition, regardless of what drug is involved. It’s not fair to the employer or to one’s fellow employees, and may well constitute a safety risk. Also, some jobs are so sensitive that it may well be good public policy to require a zero tolerance policy towards all drug use. Certain jobs in the nuclear energy field, for example, or jobs in which an employee is working around nuclear weapons or flammable material fall into this category. Some risks are simply too great to allow even occasional drug use of any kind, whether it’s cannabis or alcohol.
But most jobs are not. They require a sober individual who can responsibly and safely perform their job. Whether they smoked a joint over the weekend, or even the night before, has no impact on the workers’ ability to perform their jobs in a safe and responsible manner.
The federal government, notably under the current administration, continues to paint itself into a corner politically speaking regarding Mr. Obama’s pre-election promises to ‘fix the problem with medical marijuana’.
The Bureau of Alcohol, Tobacco and Firearms (ATF) issued a memorandum on September 21 to all gun dealers in the United States for the expressed purpose of informing them that they MUST discriminate against lawful medical cannabis patients and DENY them their Second Amendment right to buy and possess a firearm for hunting and/or personal protection.
The feds newest ‘clarifying’ memo regarding medical cannabis (proceeding the 2009 Ogden and 2011 Cole memos) is notable because members of NORML’s Legal Committee recently have been successfully challenging local and state law enforcement officials who’ve chosen to discriminate against lawful medical cannabis patients by denying them permits for a concealed weapon.
Why is it OK and does it make any sense at all for lawful medical patients who are prescribed powerful painkillers and sedatives to be able to enjoy their Second Amendment rights and responsibilities, but medical cannabis patients who want to hunt or have self-protection in their homes are overtly discriminated against by our own federal government?
This new ATF memo will provide an interesting test to see if the National Rifle Association really does support citizens’ rights to bear arms.