Marijuana Question

[mudcat100]

Now that marijuana is legal in Colorado, will businesses that have random urine test for drugs still be able to discipline or fire employees who test positive for pot? If you go to Colorado for vacation, smoke a joint, and go back to work in your home state and test positive, does that company have any legal ground? Or is the legal pot law just for residents of Col.? There are still dry counties in the US(or so I've read) and you can go outside of that county and drink alcohol legally. Inquiring minds would like to know. NO, I'm not going to Colorado. Besides, I'm self employed.

 

[Gunslinger808]

I'd think you can be fired if you live in a state that has no legalized pot.
Also, many jobs have no drug policies regardless of state laws, such as LEOs and Commercial drivers.
Not even going to get into the state vs federal laws on it.

Or is the legal pot law just for residents of Col.

From what I understand, non residents of Colorado can buy 1/4 ounce of it per purchase, while residents can buy 1 ounce at a time.

 

[mstuhr]

Line 5

Howdy,
I want to know about line 5 on the 4473 form "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"
Are all those people lined up outside those stores subject to visits from the ATF? It's a federal form and against federal law.
Thanks
Mike

 

[Old TexMex]

That's a cornfusing questions man.

 

[Ranger514]

Good questions. I also wonder how this affects CO and WA state LE agencies. Since grass is now legal in those states, does that mean state, county, and local gov. employees (including LE officers) can now toke away off duty and not worry about testing positive? Since nearly all LE agencies rely on some federal support, will they comply with federal law, or chance losing federal support?

 

[Dashriprock]

Employers still have every right to test and decide on their policies for their firms regardless of legality in CO, in-state and out. This has been a big topic lately in local news coverage since 1/1.

 

[arjay]

Yes an employer can fire you for smoking pot on or off the job in Colorado.Interesting times...

 

[nocheese4u]

A Colorado ski resort boss on another forum said that he is always warning his employees that if there is an accident and the whiz quiz is failed the employee is screwed. I bet it is the same in California.

 

[tork'd]

arjay...

like your updated location

 

[DJINCO]

I work for the Federal Government (DoD) and everyone has been told over and over that just because the state has legalized it does not make it legal per the US Government. Soldiers, Sailors, Airmen and Marines are still going to fall under article 92 of UCMJ. DoD Civilians still are required to be drug free.

 

[paplinker]

What about others being exposed to second hand smoke? Will they test positive?

Does anyone think Colorado will see more auto accidents?

Is there any way to prove fault if injured by a drug user?

 

[zzzippper]

Good questions. I also wonder how this affects CO and WA state LE agencies. Since grass is now legal in those states, does that mean state, county, and local gov. employees (including LE officers) can now toke away off duty and not worry about testing positive? Since nearly all LE agencies rely on some federal support, will they comply with federal law, or chance losing federal support?

The Feds have said that they will not intervene in this. Finally, an occurence of States rights!

A lot of this is still being worked out including pot tourism. Each CO resident over 21 can buy 1 oz. So a couple can buy 2ozs but no more. Non-CO residents over 21 can buy a smaller amount but I don't recall what that is.

You cannot consume it in a public area. However, last year before it was legal there was an organized "smoke out" in front of the capitol building. The cops knew there was no way they could stop it or make meaningful arrests so they just stood by to maintain order.

Several people have wanted to open pot-bars. Places where you could gather with others and share a toke instead of a beer. The state is arguing that those would be public places and therefore illegal. The counter argument is that they would be private clubs. TBD.

By state law I can obtain and consume it but I am a federal worker and would be disciplined (probably fired) if I was caught. That's a shame because I would love to see if it would help with the pain of my neuopathy.

It is easy for dumbasses to make laws, it is sometimes much harder to implement them. Just like CO's ban on 15+ round magazines.

 

[CBus660R]

I don't see how it would be any different than alcohol. It's legal for me to buy and consume alcohol, I just can't be intoxicated on the job or behind the wheel. I guess the question is has a level been determined for intoxication purposes like it has for alcohol? Also, since THC stays in the system for so long (up to a month for habitual users), it's not so cut and dry like alcohol where the body processes it out at a predictable rate in relatively short period of time. Anyways, I think marijuana should be legalized. It's not a narcotic like cocaine, heroin, oxycodone, etc... Regulate it and tax the bejubus out of it like we already do with alcohol and tobacco. An added income stream for the feds, a reduction in costs in the legal and penal system, takes the business away from gangs and cartels, etc... Seems to me to be way more upsides to legalizing it than the current system we're living with.

Let me stress this final point. I do not smoke weed. Tried it twice, all it did was put me to sleep. If it was legalized, I'd probably not use it at all or only on a rare occasions, so I'm not taking this stance based on my personal wants and desires.

 

[carpriver]

can you be fired if you showing up for work hung over and not able to preform your assigned work?

despite the state law it is still illegal on the federal side.

Marijuana is still a drug that impairs mental and physical abilities. It's not the harmless substance everyone thinks it is.

 

[CBus660R]

Marijuana is still a drug that impairs mental and physical abilities. It's not the harmless substance everyone thinks it is.

I don't think it's harmless, but it's definitely not more harmful than alcohol.

 

[SgtLumpy]

can you be fired if you showing up for work hung over and not able to preform your assigned work?

Of course you could.

I'm pretty sure an employer could choose also hire ONLY non-drinkers (or non-smokers or whatver). As long as the non hiring isn't a "protected class" (gender, race, etc) they could require just about anything they want.


Sgt Lumpy

 

[GerSan69]

The whole thing is confusing at best.
In Denver, at least, the police can't "smoke" and can't work in pot stores. The city has already threatened the license of a bar that wanted to stage a smoke-in on 1/1, so I doubt they'd be amenable to smoking bars. The airport has invoked the "we're governed by the feds, sorry" stance and no marijuana, medical or otherwise, is allowed on airport property as of 1/1 (CO Spgs airport doesn't seem to have a problem with it for passengers, but the way their business has gone down the last couple of years, they can't afford to do ANYTHING that might drive away more customers.)
Personally, I didn't much care one way or another about it before, and legalizing ain't changed that. Smoke whatever ya want, dope, cigs, your socks, etc. They're your lungs. Just don't expect me to pay for your assorted therapies and/or treatments.
Seems to me from my observer's position that smoking dope had far fewer hassles when it was illegal. Of course, you can't expect the brain-dead potheads that came up with this "legalized" thing to actually figure out that one should be careful what they ask for....

 

[CBus660R]

Of course you could.

I'm pretty sure an employer could choose also hire ONLY non-drinkers (or non-smokers or whatver). As long as the non hiring isn't a "protected class" (gender, race, etc) they could require just about anything they want.


Sgt Lumpy

Plenty of companies already won't hire tobacco users. A friend got in with Norfolk and Southern as a maintenance guy. He had to quit chewing and pass a urine test before his hiring was finalized.

 

[joonbis]

I don't drink or smoke pot, but would much rather be around someone smoking pot. They don't start fights,etc. Up

 

[Krell1]

Now that marijuana is legal in Colorado, will businesses that have random urine test for drugs still be able to discipline or fire employees who test positive for pot? If you go to Colorado for vacation, smoke a joint, and go back to work in your home state and test positive, does that company have any legal ground? Or is the legal pot law just for residents of Col.? There are still dry counties in the US(or so I've read) and you can go outside of that county and drink alcohol legally. Inquiring minds would like to know. NO, I'm not going to Colorado. Besides, I'm self employed.

I'd like to answer but I just did a couple doobies and now I'm at burger king ordering the entire menu.