jtwookie

I use medical marijuana and this is my story.

The first time my right knee cap was dislocated I was 10 years old. In the next 2 years of my life my right knee cap would go out 2 more times. My left knee (not wanting to be ignored) also had it's cap go sideways twice during that same time. At the age of 19, I shattered my right elbow. I was 23 and working for a pipe manufactoring company here in Portland when a 40 foot long, 3 foot diamitter (made from 1/2 inch steel) pipe tried to eat me like a shark. The pipe being pushed by two, 2 horse motor. Pinned me at the knee joints against the next roller on the convayor line. Where I fought against the power of those 2 motors and the weight of the pipe (5 tons+) that was trying to cut my legs in half.
I have also dislocated my left shoulder, broken both ankles, and in the summer of 2002, whip lash.
After years of taking over-the-counter pain medications (most times way more pills than recommended) and prescription drugs, my stomach could take no more. I consulted with my doctor and received a prescription for medical marijuana in October of 2002. At the request of my landlords (not to grow at his rental property) I searched for and secured a caregiver to produce the medication for me. On Dec. 6th 2002, my prescription was turned over to the state of Oregon. I now enjoyed the same protections from prosecution under Oregon law as every other prescription drug (controlled substance's) user.
I followed my companies (Freightliner LLC.) prescription drug policies to the letter. I informed the company of my medication and times that I would need to take it. Which was only in the evenings. After walking, crouching (very difficult for me to do), lifting, ect. for 10 hours a day (Monday thru Friday). And 8 hours each on Saturday's and Sunday's.
The nurse at Freightliners Portland TMP (truck manufactoring plant) determined that I would not be "under the influance" at the start of my shift. Enough time passes between going to sleep and getting up for work the next day for the cannibanoids and the intoxicating effects from marijuana to be worn off and out of my blood stream. In other words. I am not "high" when I "clock in" to put do a honest day's work.
On Saturday Dec. 14th, after working all morning with management. I was involved in a non-injury accident between the forklift I was driving and a sprinkler pipe. Freightliner sent my for a urinalis (UA) on Monday afternoon. 50 hours after the accident. On Friday Dec. 20th after working for 6 days following the accident (Against Freightliner's policy requiring a person who has been involved in a accident to be drug tested and then sent home until the results are back to Freightliner.) I was terminated. The reason? Testing positive for cannibanoids (marijuana) and violating company drug policy on illegel drugs.
The Teamsters union (loc.305) and Freightliner took this matter to binding arbitration. Agreeing to live by the arbitrators decission. Carlton Snow, a law professor from Willamette University was chosen by both sides to hear the matter. During the arbitration hearing, (a witness for Freightliner) a lab tech. from Metro Labs was called apon to testify. (Metro labs is the company Freightliner uses for drug screening employee's.) He testifed that a urinalis will only show the past use of a substance and not intoxification.
On Aug. 8th 2002, Mr. Snow gave his decission.
I had followed the law and company policies. I followed the sprit of the law by not demanding or even requesting that Freightliner allow me take my medication before or during work hours. I had informed Freightliner of my prescription as per Freightliner's own prescription drug policy. They showed exceptance of my prescription by letting me continue to drive a forklift as part of my regular job without restrictions. They didn't have a problem until the dirty UA.
Freightliner lost.
The arbitrator ordered that Freightliner make me "whole". Meaning my job back and all money's I would have earned and been compansated for with in insurance's and other bennifits.
Freightliner has filed suit in federal court to block this ruling on the grounds that the arbitrator didn't have the authority to rule on this case and that the award was excessive. To date Freightliner owe's me over $45,000.
Because of this unhonorable action by Freightliner. My family is about to be home less. I sold what I could. I've borrowed all I can. And I am still trying to find another job. But to date no interviews. No one wants to hire a guy who is fighting with his previous employer. Regaurdless of the issue.