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Showing posts with the label Medical Marijuana

Recent NCAA Drug Testing Analysis Shows Elevated Use of Marijuana

The NCAA recently published the results of their annual drug testing analysis and the the number of college athletes testing positive for marijuana at postseason events was up nearly three times compared to their last survey. The number of positive marijuana tests across all three divisions increased from 28 in 2008-09 to 71 in 2009-10. College athletes are subject to NCAA-mandated drug testing for marijuana at NCAA championship events and football bowl games only. The current NCAA-testing policy requires that athletes testing positive sit out one full season and lose a year of eligibility. Travis Tygart, CEO of the U.S. Anti-Doping Agency said, With medical marijuana use on the rise and increased calls in some states for legalization of the drug, more positive tests for athletes are not surprising." Tygart continued "It's a fear we've had that as marijuana and even some performance-enhancing drugs become more socially acceptable that athletes will think it might ...

Washington State Employers Protected From Medical Marijuana Lawsuits

The Washington State Supreme Court recently ruled that employers do not need to accommodate an employee's use of medical marijuana including off-site medical marijuana use.  The ruling concludes that employees terminated for medical marijuana use have no basis to sue their employer. Mobile Medical Corporation (MMC), a Pittsburgh Drug Testing firm continually monitors the news outlets for drug testing news and information to provide our clients and readers with up to date industry information. Mobile Medical Corporation (MMC) can help you with all of your substance abuse testing needs and our technicians and collectors are trained to spot cheaters! MMC works closely with all clients to establish affordable and focused drug testing protocols that comply with both the Department of Transportation (DOT) and Non-Federal testing programs.

Arizona Passes Medical Marijuana Act

Arizona became the 15th state in the nation to legalize medical marijuana by approving Proposition 203, which legalizes marijuana for medical use.   Under the measure, physicians can prescribe marijuana for patients with "debilitating medical conditions, including cancer, glaucoma, HIV/AIDS, hepatitis C and Alzheimer's disease." Patients, who will be required to register with the state health department, will be able to purchase up to two-and-a-half ounces of marijuana every two weeks at licensed dispensaries, or to cultivate their own plants if they live too far away from approved outlets. The 14 other states that have enacted laws that legalize medical marijuana (Date Legalized) include: Alaska (1998) California (1996) Colorado (2004) Hawaii (2000) Maine (1999) Michigan (2008) Montana (2004) Nevada (2000) New Jersey (2010) New Mexico (2007) Oregon (1998) Rhode Island (2006) Vermont (2004) Washington (1998) The Federal Court System has ruled that the ...

Oakland California Allows Cultivation of Medical Marijuana

Oakland, California will soon issue up to 4 permits for the Establishment of marijuana ranches that will legally be able to cultivate marijuana for medical purposes. Oakland hopes to standardize the marijuana farms and bring them into the mainstream. The city's goal is to be able to tax medical marijuana two-fold. Oakland already taxes the sale of medical marijuana and once the pot farms begin growing their product the city will levy a cultivation tax also. Oakland government official Jean Quan stated, "This is going to grow as an industry. And someone is going to have a high-tech producer." The Federal Court System has ruled that the Federal guidelines supersede the States when dealing with compassionate laws on marijuana use. The Supreme Court has ruled that employers and the government can prosecute in those states that have compassionate laws on marijuana use. Employers need not accommodate the state rule. When it comes to quality employment drug testing solutions em...

Pennsylvania Next on Medical Marijuana Stage

The PA House Committee on Health and Human Services recently heard testimony from users and advocates of medical marijuana who argue that the drug should be legalized because it is effective in treating pain. the State Attorney General and members of the Senate are not likely to schedule a vote on the bill anytime soon though. The bill sponsored by Rep. Mark Cohen would authorize the state Department of Health to issue ID cards to patients who have been diagnosed by a physician with a debilitating medical condition, such as cancer or HIV, and whose physician recommended the use of marijuana. Patients under 18 could use marijuana, as well, with the consent of a parent or custodian. State Attorney General Tom Corbett opposes the bill warning that even the limited legalization of marijuana could compound the dangers that drugs present to society. 14 states have enacted laws that legalize medical marijuana (Date Legalized) Alaska (1998) California (1996) Colorado (2004) Hawaii (2000) Maine...

U.S. Judge Dismisses Medical Marijuana ADA Case

A U.S. Federal Judge dismissed a case brought on by two California men who claimed that their rights under the Americans With Disabilities Act was violated. The two men state that restrictions on pot dispensaries in Costa Mesa and Lake Forest California are a direct violation of their rights. Judge Andrew Guilford ruled, "Because marijuana cannot be prescribed under the ADA, the court finds no likelihood of success on the merits." California legalized medical marijuana in 1996 but the Federal government still deems the drug illegal. Pittsburgh drug testing firm Mobile Medical Corporation (MMC) can help you with all of your substance abuse testing questions and program needs. MMC works closely with all clients to establish focused drug testing protocols that comply with both the Department of Transportation (DOT) and Non-Federal testing programs.

Local Washington D.C. Pols Draft Medical Marijuana Legislation

The District Council of Washington D.C. has drafted legislation to legalize medical marijuana. The legislation is now with Washington D.C. mayor Adrian Fenty. Patients would be limited to two ounces of marijuana per month unless the cap was raised to four ounces by the Mayor. If the bill is signed by the Mayor, the U.S. Congress has 30 days to review before it becomes Law. 14 states have enacted laws that legalize medical marijuana (Date Legalized) Alaska (1998) California (1996) Colorado (2004) Hawaii (2000) Maine (1999) Michigan (2008) Montana (2004) Nevada (2000) New Jersey (2010) New Mexico (2007) Oregon (1998) Rhode Island (2006) Vermont (2004) Washington (1998)

Oregon Rules For Employers In Case of Positive Marijuana Drug Test Despite Medical Marijuana Card

The Oregon Supreme Court ruled that employers can fire employees whose drug test comes back positive for marijuana even if the employee has a medical marijuana card. The decision is based on a 1998 state law that gives way to federal law in the case of marijuana. The gist of the Federal law is that marijuana is an illegal drug and it has no medicinal purpose. State Justice Rives Kistler stated, "Because employee did not take marijuana under supervision of a licensed health care professional and because the authorization to use marijuana found (in state law) is unenforceable, it follows that employee was currently engaged in the illegal use of drugs." Medical Marijuana being legal in 13 States and a half dozen more considering the issue. The Supreme Court has studied the issue twice, once in 2003 when they ruled in favor of the employer by stating that in states with medical marijuana laws, an employer can refuse to accept medical marijuana as a reasonable explanation for a p...

New Jersey Legislators Pass Senate Bill 119 "Compassionate Use Medical Marijuana Act"

New Jersey joins 13 other U.S. states that allow the use of medical marijuana. The New Jersey Senate and Assembly recently passed Senate Bill 119 that allows the drug marijuana to be used for the treatment of pain or other symptoms associated with certain debilitating medical conditions. Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon, Vermont, Washington and Montana all allow the use of medical marijuana, and in Arizona doctors are permitted to prescribe marijuana. The "Compassionate Use Medical Marijuana Act" now awaits the Governors approval. Employers should note that Section 10 of the Bill reads, "Nothing in this act shall be construed to require a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana, or an employer to accommodate the medical use of marijuana in any workplace ." Roseanne Scotti, director of Drug Policy Alliance New Jersey said, “We want to than...

Medical Marijuana Laws Increasingly Having Employers Dazed and Confused

With Medical Marijuana being legal in 13 States and a half dozen more considering the issue, employers are scrambling for advice on how to approach workers who smoke pot for medicinal purposes. Danielle Urban an Atlanta lawyer interprets federal law that employers are not prohibited from taking adverse actions against someone who tests positive for marijuana but throw into the mix medical marijuana and the legal argument becomes unclear as Colorado permits medical marijuana and another state says it's illegal for an employer to fire someone for engaging in legal, off-duty behavior. Employers also have to take into consideration the Americans With Disabilities Act (ADA). According to Law.com - Under the ADA, an employee fired for using pot for health reasons could file a discrimination lawsuit. Seeking help from the U.S. Department of Justice most likely wont yield any clarity either as the department decided in September of 2009 not to prosecute medical marijuana users. The Suprem...

Medical Marijuana, Workplace Safety and Proposed Oregon House Bill 2881

The debate on current medical marijuana laws and how some hinder the enforcement of "Drug Free" Workplace policies has reared its head in Oregon. Employers who are trying to enforce "Drug Free" Workplace programs continue to feel that the current law makes it difficult to evaluate if a person is abusing marijuana. Lobbyists for newly proposed House Bill 2881 would like to see medical marijuana use by employees outlawed. Lee Briney, president-elect of the Columbia Willamette Chapter of the American Society of Safety Engineers exclaimed that "The state's medical marijuana law has morphed into a get out of jail free card for the indiscriminate use of marijuana." According to a current article published in the Oregonian, "House Bill 2881 proposes sending drug test results to a physician who would review positive results with the applicant or employee. One version of the legislation requires a physician to report a positive test to the employer if the...