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northerncaliguy

Hey all,
I am a Medical MJ patient in Northern California. As a prescription medication, what are the rules and regs as far as pre employment drug testing and testing positive for a substance that you have a perscription for? I was recently denied employment due to my prescription medication. The job was not safety sensitive. I'm a computer geek and my work would have involved working on computers as a technician. There are no safety concerns with this type of work, other than the usual OSHA type stuff. One of my questions is, do I have any reasonable and logical course of action that would produce any kind of results. Not getting the job wasn't really that big of a deal, but if there is something that I could do to help this sort of blatant discrimination from happening to other people in the future or at least create some sort of awareness that a serious problem exists. Also, when a testing lab tests and finds something, are they required at all to research if these things are caused by prescription meds or at least find out if the donor is a prop 215 patient. According to California State law, it is legal for me to grow, posess and consume marijuana for medicinal use. If anyone out there is a guru on the subject, Please do speak up. Thank you.

 

BartSimpson

This question has been asked and answered many times here, so make sure you use the spiffy Seach function and check out all the other comments besides mine.

California is an "at will" state, and an employer may not hire you because of your tattoo's, your piercings or your legal prescription for MJ. Further, I guess they did not specifically indicate your rejection was a result of the positive test and covered their ass with either no comment or non-specific comments.

As for the testing lab, you should have filled out a form prior to testing in which you were required to identify all meds, vitamins and treatments you were taking; and a Medical Review Officer (a Doctor) should have discussed this positive result with you prior to the employer notification. Did this not happen?

Good Luck!

Buzzby

A prospective employer cannot reject you for reasons that would violate your civil rights (race, religion, national origin, gender, sexual preferences) but can reject you for just about any other reason.

__________________

northerncaliguy

Hey Bart,
Well, to answer your comment on them stating their reason, they actually put it in writing. So the very reason they decided not to hire me was put into writing and was very specific about it. I know California is an at will state, but being "at will" does not always mean there isn't concequences for demonstrating that will. There was no form at the testing lab to fill out, they didn't ask for medications and there was no call from a doctor prior to them releasing the results to the doctor. In every other situation that I've heard of and even at a company I used to work at, the testing labs would speak to the prospective employee before talking to our HR dept. So I guess my next question would be, is there a guideline that the labs are supposed to follow or is the call to the prospective employee just a mere courtisy call and not a requirement? Next, couldn't this be also looked at as a violation of ADA (Americans with Disabilities Act) guidelines? What would be next? Testing for traces of anti-depressants to weed out those with emotional or depression issues??? I know it's a slippery slope and prop 215 even though almost 10 years in existance is still new and groundbreaking legislation. But the proposition overall is supposed to protect the rights of medical MJ patients. Keep the comments comming everyone, I'm really interested to hear different takes on the matter.

Mamabudz

They may be following the new Oregon laws -- but my suggestion would be to contact an attorney who lists on the NORML website and ask that attorney for a Labor attorney.

I've been curious about this very issue since Prop 215 and was concerend when the issue came up against us in Oregon.

I'll get back with the link to the Oregon article -- we had it on the Front Page news about a month or two ago.

...have a cookie while you are waiting

Mama Budz

 

Mamabudz

Here's the link to the Oregon article I mentioned above:

Oregon Senate Clarification on Medical Marijuana

As you are California, and the two states are in the same Federal District, I would imaginew that your Legislature will be leaning in that direction. An attorney familiar with the current case law in your district courst on this labor issue would be able to clarify what the current status is on this issue in your jurisdiction

So once again, going to the www.NORML.com website and contacting California criminal attorneies in your locale and requesting a referal to a Labor Law/Employment Law attorney would be the most expiditious way of locating an individual who could provide you with the best and most appropriate answer.

Good luck,

Mama Budz

northerncaliguy

Thanx for the info Mama, I have already located an lawyer in this area. And low and behold, he was on the NORML recommendation list for lawyers in this area. AND, if that doesn't blow your hair back, that very same lawyer owns the house I live in. (I'm renting it) Although the rental stuff happens through a property management company, I was still able to track down who the owner of the house is. Besides a computer geek, I'm also a Real Estate agent so I've got access to some pretty cool tools. I plan on giving him a call on Monday or Tuesday and find out what courses of action are available. I've already got another job so like I said, getting that particular job wasn't really a big deal. OH, this may help also, the place that turned me down was the local Indian Casino here in Redding. The Redding Rancheria Casino.

Mamabudz

That makes a tremendous difference.

That's Reservation territory -- Federal Law applies, it has nothing to do with Prop 215.

northerncaliguy

That's one of the things that I was wondering as well. But I wasn't sure how much of a grip they have on Indian Lands. I've heard several versions of several different stories about how the law operates in regards to indian lands. And given the fact that it is a Casino.... That's really one of the best reasons to talk to an attorney and at least hear what he has to say. If he says that I'm just outta luck...then so be it, no biggy, but, it would be sad on the other hand because this has the potential to be a great opportunity to help the cause. I'm not looking for personal gain for myself, I have all that I need, and would like to help to make sure that this sort of thing doesn't happen to others. Either way it goes, I will make sure to let you all know. Thanx for the input that I've gotten from you all thus far.

Mamabudz

That's what we are here for. To provide a clearing house of information and put people in contact with the knowledge and sources they need.

With Knowledge comes Power...

...have a cookie