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states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML.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.
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
To get involved or to find out more information about a lobby day in your state, please email: KevinM@NORML.org.
Since its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.
But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.
Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.”
Although there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.
In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.
“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”
While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.
Without providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.
To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.
For marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.
“Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”
Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.
The National Academy of Sciences, Engineering, and Medicine released a comprehensive report today acknowledging that “conclusive or substantial evidence” exists for cannabis’ efficacy in patients suffering from chronic pain, and sharply criticized longstanding federal regulatory barriers to marijuana research – in particular “the classification of cannabis as a Schedule I substance” under federal law.
Authors of the report also addressed various aspects of marijuana’s effect on health and safety, acknowledging that the substance may pose certain potential risks for adolescents, pregnant women, and for those who may be driving shortly after ingesting cannabis. In each of these cases, these risks may be mitigated via marijuana regulation and the imposition of age restrictions in the marketplace.
Commenting on the report, NORML Deputy Director Paul Armentano said:
“The National Academy of Science’s conclusions that marijuana possesses established therapeutic utility for certain patients and that it possesses an acceptable safety profile when compared to those of other medications or recreational intoxicants are not surprising. This evidence has been available for some time, yet for decades marijuana policy in this country has largely been driven by rhetoric and emotion, not science and evidence.
“A search on PubMed, the repository for all peer-reviewed scientific papers, using the term ‘marijuana’ yields over 24,000 scientific papers referencing the plant or its biologically active constituents — a far greater body of literature than exists for commonly consumed conventional drugs like Tylenol, ibuprofen, or hydrocodone. Further, unlike modern pharmaceuticals, cannabis possesses an extensive history of human use dating back thousands of years, thus providing society with ample empirical evidence as to its relative safety and efficacy.
“Today, 29 states and Washington, DC permit physicians to recommend marijuana therapy. Some of these state-sanctioned programs have now been in place for nearly two decades. Eight states also permit the regulated use and sale of cannabis by adults. At a minimum, we know enough about cannabis, as well as the failures of cannabis prohibition, to regulate its consumption by adults, end its longstanding criminalization, and to remove it from its Schedule I prohibitive under federal law.”
The report marks the first time since 1999 that the National Academy of Sciences has addressed issues surrounding marijuana and health. Authors reviewed over 10,000 scientific abstracts in their preparation of the new report.
You can read the full report here.