medical marijuana provider discrimination

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Latest post 06-24-2010 1:15 PM by Taxagent. 9 replies.
  • 06-24-2010 9:18 AM

    medical marijuana provider discrimination

    I am a licensed primary care giver in RI. The law says there is an assumption that caregivers will be engaged in the use of medical marijuana with their patients. If a job offer is rescinded after a drug test shows marijuana in my system, is that discrimination? The application says I need a negative result for illegal drugs.

  • 06-24-2010 9:21 AM In reply to

    • DPH
      Consumer
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    • Joined on 10-08-2001
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    Re: medical marijuana provider discrimination

    thisismyname2:
    If a job offer is rescinded after a drug test shows marijuana in my system, is that discrimination? The application says I need a negative result for illegal drugs.

    I don't see why that would be discrimination.  The requirement applies to all applicants.

    thisismyname2:
    The law says there is an assumption

    Assumption does not equal requirement. 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-24-2010 10:14 AM In reply to

    Re: medical marijuana provider discrimination

    "The law says there is an assumption that caregivers will be engaged in the use of medical marijuana with their patients."

    Can you post a link to the law?  I can't find any law like that on the books for RI.

    "If a job offer is rescinded after a drug test shows marijuana in my system, is that discrimination?"

    It isn't illegal discrimination.  The ONLY time using marijuana would be protected is if YOU are the patient.  Then it could be an ADA issue.  Being exposed to second hand smoke from a patient using it should not cause you to test positive.

    "The application says I need a negative result for illegal drugs."

    Then don't do them.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 06-24-2010 11:41 AM In reply to

    Re: medical marijuana provider discrimination

  • 06-24-2010 12:10 PM In reply to

    Re: medical marijuana provider discrimination

    Why would you have marijuana in your system?  You are providing it to your patients, not taking it yourself, correct?

  • 06-24-2010 12:13 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,381

    Re: medical marijuana provider discrimination

    The OP is, I believe, trying to make a case for his having particpated with the patient as part of his job duties. 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-24-2010 12:15 PM In reply to

    Re: medical marijuana provider discrimination

    No where in that document does it state that a caregiver can test positive for marijuana.

    Section 6.2 states that no card holder as a user can be refused housing employment, or schooling because they are prescribed medical marijuana.  It does not address caregivers.

    Section 6.3 addresses caregivers but does not state they can test positive for marijuana.  It says that a caregiver cannot be arrested, penalized, or disciplined by a state board for assisting someone through the process of obtaining medical marijuana or for possessing the legal limits of MJ as a registered caregiver of someone using medical MJ.

    Section 6.4 "There shall exist a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marijuana if the qualifying patient or caregiver:

         6.4.1:  Is in possession of the Registry ID card pursuant to the Act and these regulations AND

         6.4.2:  Is in possession of an amount of MJ that does not exceed the amount permitted under section 2.8 of these regulations.  Such presumption maybe rebutted by evidence that the conduct related to MJ use was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the medical condition."

    So the first question is are you a registered care giver under the program?  Second question is why on earth are you testing positive?  Second hand smoke of MJ for medical use would not cause you to test positive.  Not to mention which as a caregiver it is easy enough to leave the room while the patient uses it.  There is no reason for a caregiver to test positive for MJ and from my interpretation the Regulations do not allow for that and are not binding upon potential employers of caregivers.  Only for the actual patient is there restriction on denying employment for using the MJ for medical reasons.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 06-24-2010 12:42 PM In reply to

    Re: medical marijuana provider discrimination

    i read that section as detailing the grounds by which MJ use/possession is determined to be medical as opposed to recreational. i think the OP is reading the words "patient or primary caregiver is engaged in the medical use of marijuana" and trying to interpret them in a way that means that a provider is allowed to engage in the use of MJ if he's doing it WITH the patient, as part of their "job duties".

    don't many drug tests also test for alchol? which is perfectly legal to consume - and it's also legal for companies to deny you employment for testing positive for it.

  • 06-24-2010 12:45 PM In reply to

    Re: medical marijuana provider discrimination

    That was my take on it too; that the OP is trying to justify testing positive by stating they are a caregiver of a medical MJ patient and they smoke with the patient as part of their treatment.  I didn't read anything in the Regulations that stated the caregiver was allowed to smoke with them only that they couldn't be arrested, fined, or disciplined for basically carrying their patient's needed medicanal MJ.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 06-24-2010 1:15 PM In reply to

    Re: medical marijuana provider discrimination

    thisismyname2:
     The law says there is an assumption that caregivers will be engaged in the use of medical marijuana with their patients.

    You misunderstand the law. RI medical marijuana use law, like that of other states with similar laws, does NOT allow the caretaker to use marijuana—only the patient for whom the marijuana is prescribed may use it. Being a caretaker is not an excuse or justification for the use of marijuana. Section 6.3 of the regulations merely states that a caregiver may not face arrest or civil sanctions for possessing the drug (within the limits allowed) or for assisting the PATIENT in using the drug. The presumption to which you refer states:

    "There shall exist a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marijuana if the qualifying patient or primary caregiver:
    6.4.1 Is in possession of a registry identification card issued pursuant to the Act and these Regulations; and
    6.4.2 Is in possession of an amount of marijuana that does not exceed the amount permitted under §2.8 of these Regulations. Such presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the medical condition."

    (bolding added).

    That last sentence is important, and reiterates what I said before—the purpose of the act is to aid the PATIENT with marijuana use. A positive test for marijuana use by the caretaker would be evidence of conduct inconsistent with that purpose, i.e. that the caretaker is himself/herself using the drug, which is not permitted unless the caretaker is also a patient allowed the medical use of marijuana. In short, that presumption does not say caretakers can use marijuana—it basically says that your possession of marijuana (which you are allowed to have to assist the patient) is presumed to be for the lawful use of marijuana by the patient unless other evidence suggests a use inconsistent with that presumption.

    Thus, if you are not a patient prescribed medical use of marijuana, an employer can refuse to hire you or, once employed, may fire you for having a postive test for marijuana in your system. There is no reason why any caretaker should test postitive for marijuana (unless he or she is also a medical marijuana patient) because the caretaker should not be using the drug.

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