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05-13-2006, 05:07 PM
| #1 |
| Buddhist Curmudgeon   Join Date: Aug 2004
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|  DC: Medi-Pot Patient May Be Fired For Failing Workplace Drug Test State-Authorized Medi-Pot Patient May Be Fired For Failing Workplace Drug Test, Oregon Supreme Court Rules NORML | 05/11/2006 Portland, OR: A private employer may terminate an employee for failing a company drug test, even if that employee is authorized under state law to use cannabis medicinally, the Oregon Supreme Court ruled. The decision reverses a prior ruling by the Oregon Court of Appeals that found that employers should make disability-related accommodations for workers who use cannabis for medical purposes. A majority of the court ruled that the plaintiff did not meet the definition of a "disabled person" under state law because he could offset his symptoms (leg spasms) with prescription medications other than cannabis. "Because plaintiff can counteract his physical impairment through mitigating measures, his impairment does not, at this time, rise to the level of a substantial limitation on a major life activity," the court found. In a concurring opinion, one of the judges also held that "federal law preempts state employment discrimination law to the extent that it requires employers to accommodate medical marijuana use." A similar case (Ross v. Ragingwire Telecommunications) is now before the California Supreme Court.
__________________ McCain voted with Bush 90% of the time. Do we really want four more years of the same old shit? ~ Buzzby, 08/31/2008 |
 
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05-13-2006, 07:59 PM
| #2 | |
| Always Faithful   Join Date: Mar 2001
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|  I asked this question..... a long time ago. I guess we have the answer now...  How sorry is this? We get a law allowing medical herb, and then when someone is forced to give a urine sample he can be dismissed for having a state legal medication in his system?  What about if the doctor has already tried the anti-spasm drugs available to them and they haven't worked? Does that mean he's supposed to go on welfare and quit his job because he can't control the muscle spasms? Quote:
They'd just get drunk, I guess......  Somewhere in Ded Land......
__________________ "We have met the enemy, and he is us" .......... Pogo (for Prez...)Remember to check out our most wonderful Posting Guidelines! | |
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05-13-2006, 09:47 PM
| #3 |
| Banned Join Date: Apr 2006
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| That's just another shot at the state medpot laws. I wonder how many hits to these laws will it take before they have no meaning? We have a catch22 here now, don't we? Got to have a job to buy your medpot (I don't think there are any drug benefits from the insurance companies that cover medpot) but your employer can fire you for using medpot. I guess those people are just SOL. Sucks, but maybe someday we will have a federal medpot law (not in my lifetime though). |
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05-13-2006, 10:28 PM
| #4 |
| Always Faithful Join Date: Mar 2001
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| And then theres this.... people who have had their plants ripped off have filed claims for loss with their insurance companies in California. I still think it's just one big mess.... Somewhere in Ded Land..... |
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05-14-2006, 01:58 AM
| #5 | |
| Banned Join Date: Apr 2006
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05-14-2006, 09:34 PM
| #6 |
| Advisor   Join Date: Jul 2002
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| I have heard of at least 3 insurers that cover medical marijuana: Farmers, State Farm and CGU. California? Here and here are two quick examples I found. Hawaii insurance companies seem to be coming around as well.
__________________  "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." - Claire Wolfe Posting Guidelines |
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05-14-2006, 10:35 PM
| #7 |
| Banned Join Date: Apr 2006
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| Well DAMN......now I've seen everything. I never in a million years would have thought that the insurance companies would pay for something like that as there are a million loop holes for them to get out of paying. Just goes to show ya.....the world is full of surprizes. |
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05-14-2006, 10:43 PM
| #8 |
| Always Faithful Join Date: Mar 2001
Posts: 6,942
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| See nicky.... thats twice that you've doubted the old dedbr's word about something....  Once I read something I don't ever forget. Pornographic....uh...photographic memory comes in handy don't ya know...... Shout out to the Plains for the back up, my man....  Somewhere in Ded Land......  |
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