What happens if you have a legal medical marijuana prescription and you test positive in a workplace drug test? Currently it’s grounds for dismissal or for not hiring someone in the first place. New legislation that just passed the Senate Judiciary Committee would make it unlawful “for an employer to discriminate against” persons who are authorized under state law to use medical marijuana. It would also declare it unlawful “for an employer to discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon the person's status as a qualified patient or a positive drug test for marijuana,” if the drug test result is indicative of previous, off-the-job marijuana use. A similar bill passed the senate and assembly in 2008 but was vetoed by then-Governor Arnold Schwarzenegger, so is the climate any different now? Business owners are clearly fearful of liability issues, but what other reasons do they have for strongly opposing this legislation? And what about federal drug laws that are already in place?
Guests:
John Kabateck, Executive Director, National Federation of Independent Business, California
Joe Elford, Chief Counsel, Americans for Safe Access. He helped state Sen. Mark Leno draft this legislation