How would that affect the rest of the country? For example... lets say I took a vacation to sunny california, and while there I happened to try some of their bud, it being legal there and all. Then once my vacation is over, I go back to Jersey and get a call from a job I applied to, who wants me to take a drug test. Would i not get the job? I mean i'd obviously test positive for marijuana. Just something that's been on my mind.
The fact of the matter is this, even if it becomes legal to possess and consume, employers would still have the right to subject you to Marijuana testing, and still have the right to refuse you a job based on their policies, much in the same way they deny people employment based on criminal history. Inconsiderate, Yes. Improbable, No.
well that fucking sucks... i mean, companies cant just refuse someone a job because they smoke cigarettes, that's discrimination. I call BS
I have a feeling that the bill would have to address this or else lawsuits would happen and it would be fed law against local law which is another huge can of worms that
It is not just California - it is the entire west coast. CA, WA, OR, and NV will be legal within 2 years (election in 2012) at the very longest and maybe all of us in 2010. I think CO also. HI likely wont be far either. Several states will follow the west coast to varying degrees, especially current med mj states, very shortly afterwards. Vermont, MA, etc So there will be several legal states soon. Those of you in the south will get no legal weed for a long time.. and some of them may even be "never"... which is unfortunate. The feds will virtually be forced to decriminalize weed probably during the next presidency (whoever is elected in 2012). With major states legalizing, it may in fact be a hot button issue for the presidency in 2012. I predict there will be a pendulum swing as studies show a spike in underage usage and this will be used as a massive weapon against us. I do think it will be a temporary spike though. I also think when the years of "oppression" are lifed and people "come out of the closet" (so to speak lol) .. there will be a shocking effect .. as many "main stream family folk" (like me lol) suddenly spark up Also, there is going to be a major legal challenge. Police will NOT want to hire "pot heads" and that is actually one of the things many fear the most. As of right now, they and any other jobs, can still descriminate against even a MMJ user - not so when legal. MJ smokers are still pariahs in many circles and out right banned from many more, so that will be an interesting development once legal. Thats a quick view of where I think we are quickly going... say in the next 5 years.
yeah you probably wouldnt get the job. i was thinkin though theres gonna be a huge market for weed pushin after it becomes legal in CA. people are gonna be shippin and distributing legal weed to other states. especially states out in the east and south since itll be legal, itll be cheap as hell people are gonna be slingin weed for maddddd profit
Even if it is legal, an employer can STILL deny you the job. Think about it, if they have the right to do a background check and deny you the job, then a job would still have the right to deny you the job because you tested positive for marijuana. In my state, an employer has the right to hire you or fire you, no questions asked. An employer does not need a reason to deny you employment. Most states aren't like that, and there are laws to protect folks, but if you are in a state that legalizes MJ, and already have a job, and then you fail a drug test, THEN you can sue...as you were already employed. Granted companies are allowed to set regulations within themselves. If you get a job, you are entering a contract with that company. If part of that contract states that you NOT be a user of marijuana, they are in their perfect legal right to do so. They aren't discriminating you for race, or religion, or sex, they are discriminating you for using a recreational drug. Folks say that discrimination is discrimination. IF you have a legal prescription for MJ and you are fired for useage...it's a lawsuit. IF you're some random joe off the street, and you fail a drug test, in the eyes of state or federal government, You may be denied employment. Why? All employers are technically "Equal Opportunity Employers." Because You Do Marijuana does not mean you have an advantage or disadvantage to another applicant, but a drug test WILL determine if you are a user. IF there is another applicant for a job (And there usually are), they aren't discriminating against YOU in particular, but the drug itself. The Use Of A Drug In The Eyes Of The Business World Means You PERSONALLY MADE yourself less qualified for the job. If it's between you and somebody who passed the drug test, the company is WELL within its rights to deny you employment and hire them. If the law asks why? "Well, our company follows a 'clean' policy. We test our employees for legal and illegal drugs, and any drug we find in an employees system that they don't have a prescription for is grounds for dismissal of the employee." MEANING, tobacco and Alcohol do not remain in the body long enough to be tested via urinalysis or a blood test...but other drugs do. If You Can't Test For It...you can't fire employees for it. -the genius
why 2010? And I live in NJ... we are just waiting for MMJ now, but it's basically a definite. I really hope this works out the way you say it... I hate being a criminal.
Legal in California but not in the legal in America itself meaning that the state Pot selling agencies could still be busted by the FBI. So yes you would lose that job.Even though there is the one law. I forget what it is called but it says that you cannot be punished for a crime if you did it before it was illegal.
Kinda like all the baseball players using steroids before it was banned, can't get in trouble if it wasn't a rule!
I say it ould depend on how long after it is legalized since people are gonna have different views about it like they do tobacco and alchohol
This is one issue that bothers me, especially with Medical Marijuana, even the M.D. recommended patients have no defense when it comes to employment drug screens in MMJ states. I doubt that even a 50 state wide legalization and even with a M.D.'s recommendation on top of it would a person's job ever be safe from a drug screen positive of THC. Californians have already been fighting this, the state registered medical users have told the courts "how come a person prescribed Oxycontin or Morphine have job protection against drug screens but we don't?" There is a social stigma so incredibly strong against Cannabis that even when there is a nation wide legalization , that employers WILL NEVER have a provision in their bullshit drug screens excusing even Medically recommended users of Cannabis. I believe that the when it comes to employment and Cannabis use, we will always have to play a cat and mouse game with the establishment. They will always try to penalize us anyway they can, even when it becomes legal, I fear that the establishment will try to find new ways to harass and punish us, pre-employment and random drug screens will probably become more invasive and more often when Cannabis becomes legal. Even the minimum wage fast food places like McDonalds,Burger King, Taco Bell, ect. will probably all require mandatory drug screens when it becomes legal nation wide. It's going to take DECADES for the scrutiny of Cannabis use to be seen as harmless by the establishment, too much propaganda has been pushed for too many years, all these old timers in Washington D.C. are dying off from old age, the hope lies within the younger generation to spread the truth and destroy the myths and propaganda from yester year.
Actually, I believe the CA Supreme court ruling was along the lines that "if the voters had wanted employment protected, they would have had that as part of the proposition". IMO, that was a weak argument - obviously the voters intend there to be use without discrimination by patients .. but that was lost. This November ballot measure includes language where the challenge could be more significant. "No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected." So IMO, it basically makes it about the same as alcohol... It clearly expresses the intent of the voters with regard to employment, which Prop 215 did not. That will be the cruxt of any court challenge. I think the day after legalization.. dont go and smoke a joint and piss the cops off... NoOO.. get all your stoner buddies and go line up and for applications for employment from station and watch their heads explode.
It's called an "Ex-Post-Facto Law", (Latin for "After the fact"), and is expressly prohibited by the US Constitution. United States Constitution, Article 1, Section 9: "No bill of attainder or ex post facto Law shall be passed."
If you're not smart enough to actually contribute to the thread I dont think you should be calling other people stupid.
c'mon the man sugguested that if marijuana became legal, fast food establishments would begin widespread drug testing for their employees. how could someone make that connection if they were not an idiot? it honestly offends me that someone would type that up and offer it as an opinion.