Medical Marijuana and Its Impact at the Workplace - Essay Example

Medical Marijuana and Its Impact at the Work Place al Affiliation Medical Marijuana and Its Impact at the Work Place Introduction There has been a lot of debate surrounding the use of marijuana in the medical field. The reason for the controversy is because of two of its elements- THC and cannabinoids due to the psychoactive effects in them1. However, marijuana is a remarkably safe drug when used in the medical field. The medics have fought for the approval to use medical marijuana and in most states its use is supported in legislation. In this essay the use of medical marijuana and its impact at the place of work is addressed. Use of Medical Marijuana Medical marijuana is a drug administered to treat symptoms such as nausea, lack of appetite and even pain. This drug is mostly administered for patients suffering from AIDS, cancer and multiple sclerosis. There are states that license people to supply or grow marijuana for medical purposes. States such as: Arizona, Nevada, Montana, New Mexico, Washington, Massachusetts. Vermont, Rhode Island, Oregon, Alaska, Delaware, Colorado, Maine, Hawaii, California, Maryland, New Jersey, Michigan and Connecticut legalize the use of medical marijuana. Jurisdictions such as Maine, Delaware and Connecticut protect individuals who use this drug from adverse employment action. In Italy, the army grows and distributes medical marijuana to pharmacies2. Countries such as Israel, Czech Republic and Canada allow for the use of medical marijuana too. The main reason medical marijuana qualifies as a considerable alternative is because unlike other drugs like aspirin, caffeine and nicotine, it does not cause fatal overdoses. If one gets an excess dose of marijuana their life is not endangered. It is also considered to be a safe drug as it occurs in its natural form. The drug is gaining popularity in the states where it is not legalized as well as in other countries. In Chile there are support groups that advocate for the legalization of the drug to ease pain in the interest of the patients. Government Involvement The government gets involved in the issues of medical marijuana when it comes to legislation and criminalizing practices related to medical marijuana. The government also concerns itself with the welfare of the patients and in 2009; the government said that it would no longer prosecute those who use medical marijuana so long as they obey the state law. The government also limits the use of cannabis to that with low levels of THC. The determinant on the use of medical marijuana is on the federal government. Even with the popularity that this drug has in various states, federal law criminalizes the use and possession of marijuana for whatever reasons. The reasons some states do not approve the use of medical marijuana is because it might not meet the purpose. It is a leeway for those who use the drug for recreational purposes to abuse the drug. The states that have made it legal to use the drug look at the greater good and act in the interest of the patient who is in pain. There are people who feel that legalizing the use of marijuana sends the wrong message to the young. According to Karen O’Keefe3, the reverse is true and since states allowed for its use, less teenagers and youth abuse the drug. We can therefore say that with good sensitization, the legalization of the drug does not lead to more criminal cases or illegal consumption to the detriment of the society. The Work Place The protection of persons who possess cards for marijuana use is not in all jurisdictions. Rhodes Island is one of the jurisdictions that protect employees. The legislation provides that an applicant should not be denied employment for being a marijuana cardholder. In addition, during the course of employment, the employer cannot penalize an employee for his status as a cardholder4. The use of medical marijuana pose challenges to employers as they feel that the employees using this drug may be less productive. Besides this, they may also affect their colleagues due to the effects of the drugs. The employers face the challenge of competing federal and state laws whereby they fall under both. An employer for instance may be faced with the challenge of either letting go off a grant or dismissing an employee. This scenario is possible where the employer is given a grant on condition that it maintains a drug free work place and in the same instance they have employees who are registered card holders. If they terminate the contract of any employee, there are law suits involved and turning down the grant means loss of money. Most employees cope with the changing laws on marijuana use by putting policies in the work place that exempt them from liability and also protects the other employees. In most states, the law does not address this issue but the courts have failed to uphold cases of wrongful dismissal due to medical marijuana use. In those cases where the states protect the employees under the state program from discrimination at the workplace, the employer has to protect himself as well as the other employees. For example, the employer can use the defense that he is not under an obligation to provide accommodation to such case. He can also state that he is only under an obligation to provide reasonable accommodation. The federal and state employment laws protect employees from adverse action based on conduct out of the work place. The Colorado’s Lawful Off Duty Activities Statute is one of these laws. In determining whether it is therefore lawful to dismiss an employee for using medical marijuana off the work place it will depend on what the courts interpret to be lawful activity5. The jurisprudence in this area is not clear to make a conclusion on this matter. In most cases, it the employers that decide the policies of their companies on this issue thereby leaving matters of employee protection on a pendulum. The employers are under a duty to protect other employees from the effects of using medical marijuana. Any employee under the influence of the drug may lose coordination and thereby become a risk factor to the other employees. Besides letting the other employees know that the particular employee uses marijuana for medical practices, they should initiate safety programs to respond to this issue. For example, he may create a response team to handle such instances. Medical Marijuana Diagnosis and Uses In the cases where patients have had to use marijuana, the other alternatives have not worked. In some cases, the other alternatives like aspirin have had significant side effects to make the patient look for medical marijuana. It is important to note that self-diagnoses is wrong, and one should only allow a qualified medical professional to do the diagnosis. Doctors have recommended the use of medical marijuana in cases of aggravated depression to calm and ease the pain. It is also used in weight loss programs and after a kidney transplant as it reduces the chances of organ rejection. Continued usage of this drug may lead to weak immune system and addiction. Eventually, the patient’s condition could get worse. There is supposed to be confidentiality between the employer and employee but with the effects of this drug, it is impossible to honor this duty. This drug may impair coordination and this may happen anytime at the work place which makes maintaining confidentiality hard. It is such occurrences that can impair the relationship between workers. The employer however, should make sure that it does not interfere with the efficiency of the employees. The culture of the workplace dictates that the employees keep off drugs but in the case that it works to relieve the pain of an employee and make them more efficient, the case should be treated as an exceptional case. Conclusion Even as the debate goes on in regard to the use of medical marijuana, many people feel it is for the greater good and the benefits outdo the risks. The area is even greyer when it comes to its impact on the work place. There are those states that protect those employees and prospective employees who are cardholders. This protection however is waived in also where the employers can state that they are not under any obligation to accommodate such cases. We can only get more insight in this area if the scientists do extensive research. The research will answer all the questions as well as give a solution that brings uniformity both in federal and state laws to avoid the conflict. Going by the current number of states that have legalized the use of medical marijuana, eventually all states will follow the same path. The difference will be that the law will be strict on who distributes and administers its use. Licensing distributors will be strict and controlled by the government. We should embrace the positive results that come after using the drug and if it is the only solution to ease the suffering of a patient, why not? References Gieringer, D., & Carter, G. (2008). Marijuana medical handbook practical guide to therapeutic uses of marijuana (Rev. ed.). Oakland, Calif.: Quick American. Hollinshead, L. B. (2013). Medical Marijuana and the Workplace. Employment Relations Today (Wiley), 40(1), 71-79. doi:10.1002/ert.21402. Italian army to grow medical marijuana. (2014, September 18). Retrieved November 26, 2014, from http://medicalmarijuana411.com/italian-army-to-grow-medical-marijuana Bunk consultants (2014). Medical marijuana poses challenges to employers. Xerox FYI in depth, 37 (82), 1-6. Retrieved from http://hrlaws.services.xerox.com Keefe, K., & Earlywine, M. ( 2011). Marijuana use by young people: the impact of state medical marijuana laws. Marijuana policy project. Retrieved from http://www.mpp.org/assets/pdfs/library/Teen-Use-FINAL.pdf Read More