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states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML.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.
How are we going to do that? We want to hear from YOU! Whether you’re a member, long time supporter, or you just started following us, we ask that you follow the link below and take our Membership Survey.
Since its founding in 1970, NORML has provided a voice in the public policy debate for those Americans who oppose marijuana prohibition and favor an end to the practice of arresting marijuana smokers. A nonprofit public-interest advocacy group, NORML seeks to represent the interests of the tens of millions of Americans who enjoy marijuana responsibly. By completing the membership survey, you are telling us about yourself, why you care about marijuana law reform, and most importantly how we can better serve you as advocates.
We hope you’ll take the time to provide us a little more information about yourself so that we can continue growing and improving on the work we do everyday.
Don’t worry, all of the information that we collect will be used for internal assessment only. We will not share, sell, or transmit your information to any other person, group, or organization.
As always we appreciate your dedication to marijuana law reform and your continued support.
The NORML Team
We have some dire news to share. This morning, President-Elect Trump announced his pick for Attorney General and it couldn’t be much worse for the marijuana law reform movement and our recent legalization victories.
Trump’s pick, Alabama Senator Jeff Sessions, is a militant prohibitionist. We could go into great detail how Senator Sessions has been an outspoken opponent against reform, but in this case his rhetoric is so off the wall…we’ll let his past statements speak for themselves:
“You have to have leadership from Washington. You can’t have the President of the United States of America talking about marijuana … you are sending a message to young people that there is no danger in this process. It is false that marijuana use doesn’t lead people to more drug use. It is already causing a disturbance in the states that have made it legal.”
“It was the prevention movement that really was so positive, and it led to this decline. The creating of knowledge that this drug is dangerous, it cannot be played with, it is not funny, it’s not something to laugh about, and trying to send that message with clarity, that good people don’t smoke marijuana.”
“Lady Gaga says she’s addicted to [marijuana] and it is not harmless.”
His former colleagues testified Sessions used the n-word and joked about the Ku Klux Klan, saying he thought they were “okay, until he learned that they smoked marijuana.”
Senator Sessions is clearly out in the deep end when it comes to issues of marijuana policy and he stands diametrically opposed to the majority of Americans who favor the legalization and regulation of marijuana. This could foreshadow some very bad things for the eight states that have legalized marijuana for adult use and in the 29 states with with medical marijuana programs. With the authority the position of Attorney General provides, Sessions could immediately get to work attempting to block the implementation of the recent ballot initiatives, dismantling a legal industry in Washington, Colorado, Oregon, and Alaska, and begin conducting massive raids on existing medical and recreational retail stores.
We must be ready to fight back. We must be ready to mobilize in defense of all of our hard fought victories. We already have our opponents calling for a recount in Maine and prohibitionists in Massachusetts working to gut core provisions like home cultivation from their state’s initiative. With an assist from a newly minted prohibitionist Attorney General, things might get worse before they get better.
Help us send a message to President-Elect Trump and his Attorney General nominee Jeff Sessions that the American people won’t stand for intervention into state marijuana programs and we want to move towards descheduling at the federal level and legalization in all 50 states.
Election Day dealt another body blow to our nation’s costly, failed, and discriminatory policy of marijuana prohibition. If anyone thought our victories in 2012 and 2014 were a passing fad, it is now clear that they were mistaken. With adult use measures being approved in four states (CA, MA, ME, NV) and medical marijuana initiatives passing in another four (AR, FL, MT, ND), the era of marijuana legalization is upon us. By standing together and fighting for our shared beliefs, we spread the seeds of the cannabis revolution far and wide.
But now is not the time to become complacent. As we celebrate our recent successes, we must remind ourselves that legalization is not inevitable. It is dependent upon maintaining the fight. Our opponents are not going away. They remain well funded and ready for battle. So should we.
From day one, NORML’s mission has been to shape public and political opinion so that the responsible use of cannabis by adults is no longer criminalized and stigmatized. NORML does so by standing up for the rights of the responsible cannabis consumer, and by presenting credible, evidence-based information about marijuana and marijuana policy reform to the general public, the mainstream media, pundits, and policymakers. And I firmly believe that nobody does it better.
That is why I’m honored to be named NORML’s new Executive Director.
I’m no stranger to this cause or to NORML itself. From 2007 to 2015 I served as NORML’s Communications Director, PAC Manager, and chief lobbyist. Following a brief sabbatical, during which I fought to decrease the influence of big money in our political system, I am honored and excited to return to lead NORML during one of the most exciting and critical times in the group’s forty year history.
I urge you to stand with me, NORML’s staff, and with our nationwide network of chapters. We must capitalize on our newly minted successes and seize upon our growing public support. No one person or organization can win this fight alone. We must come together as advocates in a unified force so that we can make our desired policy reforms a reality.
Even with these victories, most Americans are still living under the specter of marijuana prohibition. Obviously, there is much more work that needs to be done. We need your help to finish the job.
NORML only exists and succeeds because of the support of passionate and dedicated individuals like you. With you standing shoulder to shoulder with us, we will continue to take our fight to city councils, state legislatures, and to Congress. Together, we are unstoppable. Together, we WILL legalize marijuana nationwide.
The revolution continues,
NORML Executive Director
According to the Associated Press, voters in California have approved Proposition 64, the Adult Use of Marijuana Act. The AP’s final vote count is 56 to 44 percent.
“What California voters did tonight was not just approve the legalization and regulation of marijuana in their state, they also delivered a near fatal body blow to federal prohibition. This victory in California ensures another 12% of the United States population will wake up tomorrow in a state with the legalized adult use of marijuana. Combined with our other recent victories, federal prohibition is truly on its last legs and it is just a matter of time before federal policy is reformed to accept this new reality.” said Erik Altieri, NORML’s new Executive Director.
Proposition 64, The Adult Use Marijuana Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for resentencing consideration for those found guilty of prior marijuana convictions.
“California has long been the largest domestic producer of marijuana in the United States, and cannabis commerce has long been a driver of the world’s sixth largest economy,” said NORML Deputy Director Paul Armentano. “Passage of Prop. 64 brings this massive underground market above ground for the first time so that these activities may be regulated and transparent, and will generate over a billion dollars of needed new tax revenue to state and local governments.”
The revised marijuana penalties take effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.
You can read the full text of the initiative here. Congratulations California!