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states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML.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.
LATEST NORML NEWS
State and Local:
Everyday NORML Affiliates and Chapters from around the country invest countless hours into contacting representatives, hosting events, and talking to voters, all with the hope of passing meaningful marijuana reforms on the local, state and federal level! In an effort to highlight their hard work and accomplishments, we will feature their stories on NORML.org and promote the content through our social media channels. To get involved in your area, please send an email to KevinM@NORML.org to get started today!
California NORML’s executive director questioned a recent report produced by an anti-tobacco organization that encouraged municipalities to ban the use of marijuana in public areas or in locations that must adhere to clean indoor air regulations.
“The report vastly inflates the health hazards of smoked marijuana, but concedes that it shouldn’t be criminalized. Rather, it calls for stigmatizing it as much as possible,”
As California gets closer to approving a legalization measure for this November’s ballot, some activists are raising concerns about the impact it will have on the state’s medical marijuana program.
“If you look at the ballot initiative that’s circulating right now, it doesn’t give a lot of incentives to the medical marijuana industry except that you can avoid some of the (proposed 15 percent excise and extra cultivation) taxes if you go to some trouble.”
“We are calling for locals to repeal the bans in favor of meaningful land regulations that will enact the statewide licensing standards … in order to protect public safety, the environment and patients’ rights,”
Last week, Denver NORML announced they will be leading a Responsible Use initiative that will allow the limited consumption of marijuana in the City of Denver. Details are still being worked out with NORML’s national office.
“We are willing to work with them on this issue — we just really want something to happen, we want action to take place,”
“Denver NORML announced that it would be filing its own initiative to put a limited social use of marijuana item on the ballot in 2016.”
Medical marijuana patients in Illinois experienced another setback after lawmakers rejected a proposal that would have expanded access to the state’s medical marijuana program.
“My concern is first and foremost for patients to have access to this medicine and if shops are closing then patients will have to go farther distances to get access to this medicine.”
“By having the Illinois Department of Public Health deny the eight conditions that the Medical Cannabis Advisory Board approved to be added to the list of debilitating conditions for the Medical Cannabis Pilot Program, this administration has turned their back on veterans suffering from PTSD”
After a long court battle, Iowa State University NORML won a first amendment lawsuit against school administrators after an attempt to censor a marijuana leaf printed on a t-shirt.
“Members of ISU NORML weren’t keen on being censored. They felt the administration was discriminating against their group. So on July 1, 2014, they filed a lawsuit alleging that school administrators had violated their constitutional rights.”
NORML KC is working hard to push an initiative that would decriminalize the possession of up to 35 grams of marijuana in Kansas City.
“Once you start talking to people about cannabis reform, you’d be surprised how many people are for it,” Kacz said. “It doesn’t have to be Democrats or liberals, it’s Republicans, it’s religious people, it’s elderly people.”
New Hampshire NORML urged lawmakers to support a bill that would add PTSD to the state’s list of ailments for medical marijuana.
“By stuffing opiates down people’s throats, it’s going to create a problem. You guys are going to have a heroin epidemic. You’re going to see it. And in the last two years, it is just out of control,”
With some of the stringent marijuana laws in the country, Virginia NORML continues to work with state lawmaker on a wide range of marijuana reform bills.
“We will continue to work educating lawmakers who wish to learn more about cannabis science and widely accepted medical applications, the successful decriminalization legislation in 21 states and successful medical legislation in 24 states.”
Washington NORML is encouraging lawmakers to support a bill that would permit the home cultivation of marijuana.
“NORML Washington is doing a great job leading this fight to grow your own marijuana. They have even made it possible for you to help the movement from your computer/tablet/phone. Here’s a letter they’ve put together for you to send to your representatives and urge their support for personal cultivation”
After going through a much needed reorganization, Wyoming NORML has assembled a strong team who are dedicated to passing the Peggy A. Kelley Wyoming Cannabis Act of 2016.
“We haven’t stopped on that from day one, but in the same process we just had to get things a little more organized and get a better structure in here.”
“NORML Wyoming spokeswoman Carrie Satterwhite said the group has the fewest number of volunteer petition circulators in the conservative northeast part of the state, but that region will be targeted in the upcoming months”
“Even though Wyoming NORML didn’t get enough signatures this year, members say if they have enough signatures for the 2018 ballot, medicinal marijuana could help Wyoming in the long run.”
NORML’s deputy director, Paul Armentano recently spoke to reporters about the need for a common sense approach to ending the prohibition of marijuana in America.
“This administration clearly recognizes that the present enforcement of marijuana prohibition and marijuana criminalization is out of step with both public opinion and common sense,”
NORML board member and passionate marijuana advocate will prove to be one of this year’s most effective weapon in the war against the prohibition marijuana.
“Steves has been on the board of the National Organization for the Reform of Marijuana Laws (NORML) for years and he has worked closely with Washington pot initiative author Alison Holcomb, who now heads the American Civil Liberties Union’s Campaign for Smart Justice”
During a recent interview, NORML’s deputy director, Paul Armentano shared his thoughts on a recent study about the health risks associated with marijuana use.
“Ultimately, this study’s findings are consistent with the notion that while cannabis is not altogether harmless, its potential risks to health relative to other substances — including legal substances like alcohol, tobacco and prescription medications — are not so great to warrant its continued criminalization,”
The administration of oral THC mitigates symptoms of post-traumatic stress syndrome (PTSD), according to clinical trial data published online ahead of print in the journal Clinical Drug Investigation.
Investigators at the Hebrew University Medical Center in Jerusalem assessed the safety and efficacy of oral THC as an adjunct treatment in ten subjects with chronic PTSD.
Researchers reported, “The intervention caused a statistically significant improvement in global symptom severity, sleep quality, frequency of nightmares, and PTSD hyperarousal symptoms.”
They concluded, “Orally absorbable delta-9-THC was safe and well tolerated by patients with chronic PTSD.”
Separate clinical trial data has previously reported that the administration of nabilone, a synthetic endocannabinoid agonist, can reduce the severity and frequency of nightmares in patients with PTSD.
In 2013, researchers at the New York University School of Medicine published findings indicating that PTSD subjects experience a decrease in their natural production of anandamide, an endogenous cannabinoid neurotransmitter. They hypothesized that an increase in the body’s production of cannabinoids would likely restore subjects’ natural brain chemistry and psychological balance. “[Our] findings substantiate, at least in part, emerging evidence that … plant-derived cannabinoids such as marijuana may possess some benefits in individuals with PTSD by helping relieve haunting nightmares and other symptoms of PTSD,” they concluded.
Full text of the study, “Preliminary, open-label, pilot study of add-on oral delta-9-tetrahydrocannabinol in chronic post-traumatic stress disorder,” will appear in Clinical Drug Investigation.
Most of us were caught off-guard by the rush of states this year that approved the limited use of CBD-only marijuana extracts because these traditionally conservative states had heretofore rejected the medical use of marijuana. So it seems worth a moment to consider how this occurred, and what it means on a grander scale.
But first, a little recent history.
Throughout this year’s state legislative season, a total of 10 states enacted laws seeking to provide limited access to medical marijuana products that contain high levels of CBD and virtually no THC for qualified, typically pediatric patients suffering from severe and disabling seizures: Alabama, Florida, Iowa, Kentucky, Mississippi, Missouri, South Carolina, Tennessee, Utah and Wisconsin.
On one level, this unexpected embrace of the medicinal qualities of marijuana by states that previously rejected the concept must be seen as a favorable development. These serendipitous adoptions reflect a degree of compassion not obvious in the previous legislative debates in those states.
But it is far from certain that these laws will actually help the young patients they are intended to help.
First, such products are primarily only available in a handful of states like California and Colorado and none of these new state laws create a viable in-state supply source for such products. Further, even if a patient from out-of-state could find these products in California or Colorado, it would be a violation of federal law (and also likely state law) to take the medicine back to their home state.
And while some of these laws attempt to establish CBD research projects at their major universities or research hospitals, recent experience demonstrates that few universities or research hospitals are willing to enter this confusing field while marijuana remains a federal crime, and those that may be willing to take the bait will face a steep and long learning curve before the first patient will have high-CBD extracts available.
This legislative rush to CBD-only extracts also suggests (1) the degree to which elected officials are influenced by popular media, (2) their willingness to pick and choose the science they like (while ignoring the science they do not), and (3) the strong puritanical impulse that remains a factor with many elected officials.
And it all relates to the “Gupta Effect”. When CNN’s Dr. Sanjay Gupta’s report highlighting how high-CBD marijuana products control debilitating seizures among children suffering from Dravet’s syndrome (the most severe form of childhood epilepsy) went public, few Americans had even heard of cannabidiol. Most people were familiar with THC (tetrahydrocannabinol), the primary psychoactive ingredient in marijuana that principally accounts for the “high” that marijuana smokers enjoy, but had zero idea that CBD even existed.
Dr. Gupta, who had previously uncritically accepted the federal government’s consistent claim that marijuana had no legitimate medical use, when confronted with actual children whose lives had been transformed following their use of high-CBD marijuana extracts, understandably felt misled by the government’s anti-marijuana propaganda, and went public with two special programs introducing the importance of high-CBD extracts in reducing or eliminating seizures in these children.
In the second program Dr. Gupta made it clear that while CBD appeared to be the primary therapeutic ingredient for this class of patients, he also made the point that some level of THC was also required, because of what he termed the “entourage effect.” Without the THC, the CBD would either be less effective, or in some instances ineffective.
It’s embarrassing that so many of our elected officials would get their scientific understanding of the medical properties of marijuana from a popular television doctor, instead of conducting their own research into the available science, before moving legislation forward. But better they be motivated by a celebrity doctor than continue to ignore the benefits of medical marijuana altogether.
Of which there are a myriad.
The marijuana plant is one of the most studied biologically active substances of modern times. A search on PubMed, the repository for all peer-reviewed scientific papers, using the term “marijuana” yields nearly 20,000 scientific papers referencing the plant and/or its constituents, nearly half of which have been published just within the past decade. In addition, more than 100 controlled trials, involving thousands of subjects, have evaluated the safety and efficacy of cannabis and/or individual cannabinoids.
Most recently, a review of FDA-approved marijuana plant trials conducted by various California universities concluded, “Based on evidence currently available the Schedule I classification (for cannabis) is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.” The best summary of this research can be found in the publication Emerging Clinical Applications for Cannabis and Cannabinoids, available on the NORML website. So the basic research is available for all who care to learn.
But few elected officials appear to be aware of this considerable body of science. Rather, the common refrain is to claim they cannot support the medical use of marijuana because the only evidence is “anecdotal”. These officials prefer to remain ignorant because it reinforces their preconceived notion that medical marijuana is a hoax perpetuated by those who simply wish to get “high”.
So what this latest rush to approve CBD-only marijuana products demonstrates, more than anything else, is the degree to which our public policy can frequently be influenced by a strong strain of puritanism that remains alive among our elected officials. If it feels good, it must be bad!
These many state legislators were willing to show some compassion by allowing the medical use of marijuana by these poor children suffering from multiple, disabling seizures, so long as the marijuana did not make them feel “high” (i.e., feel better!). These legislators are against pleasure, and if the use medical marijuana includes the feeling of pleasure, then it cannot be approved.
Excuse me, but is that not the purpose of using medicine when one is ill – to feel better?
Admittedly, for some of these puritans, the association of the word “high” with the use of marijuana may lie at the heart of the problem for them. Marijuana has long been demonized by conservatives, law enforcement, and many in the medical community, and that has spilled-over to the marijuana “high”.
If they understood that the marijuana “high” makes the user feel better, and that seriously ill patients almost always want (and need) to feel better, perhaps they could overcome their fear of medical marijuana. But for now at least, it is clear that in their view the marijuana “high”, like marijuana itself, is something to be avoided by responsible Americans, even if that precludes the use of medical marijuana by seriously ill patients.
It is time we moved beyond the notion that pleasure is bad, and stopped treating the marijuana “high” as something to be avoided, when it makes patient feel better. For them, feeling better and feeling high is often the same.
Survey: Most Americans Say It Is “Unacceptable” For An Employee To Be Fired For Their Off-The-Job Marijuana UseNovember 13, 2013
Nearly two-thirds of Americans disagree with workplace policies that allow employers to sanction an employee for his or her off-the-job consumption of cannabis, according to a just released HuffPost/YouGov poll.
Sixty-four percent of the poll’s respondents, including 62 percent of self-identified Republicans, said that it is “unacceptable for a company to fire an employee for using marijuana during his or her free time” if the employee resides in a state that has legalized the plant’s adult use. An equal percentage of respondents similarly said that it would be unacceptable for an employer to fire an employee for after-hours drinking.
Only 22 percent of respondents said that it is acceptable for employers to fire workers who consume cannabis legally after-hours.
To date, the Supreme Court of three separate states — California, Oregon, and Washington — have all similarly ruled that an employee who uses cannabis legally while off the job can still be sanctioned by their employer.
Forty-five percent of respondents in the HuffPost/YouGov poll agreed that it should always be unacceptable for an employer to sanction an employee for his or her off-the-job marijuana use, even if the use took place in a state that classifies cannabis as illegal.
Conventional workplace drug tests detect the presence of inert drug metabolites, non-psychoactive by-products that linger in the body’s urine well after a substance’s mood-altering effects have subsided.
The HuffPost/YouGov poll surveyed 1,000 adults and possesses a margin of error is +/- 4.8 percent.