Using Medical Marijuana Can Get You Fired
Category: Medical Marijuana | Posted on Wed, March, 16th 2011 by THCFinder
You may live in a state where medical marijuana is legal and have a prescription to use the drug for a legitimate medical purpose, but that doesn't mean you can't be fired by your employer if you fail a drug test. A federal judge has ruled medical marijuana laws do not regulate private employment.
The ruling came in the case of a Michigan man who sued WalMart after he was fired for testing positive for marijuana.
Joseph Casias, a former associate of the year at a Battle Creek WalMart store, was prescribed medical marijuana for pain associated with an inoperable brain tumor and cancer. He did not smoke marijuana at work, but failed a random drug test.
WalMart said its policy had nothing to do with whether the marijuana was prescribed, the issue was whether or not its employees could do their jobs safely.
Judge Jonker said no where in Michigan's medical marijuana law does it mandate that employers have to accommodate employees' off-duty use of marijuana.
ACLU to Appeal Ruling
Earlier, a Michigan judge ruled that employers and workers compensation insurers do not have to pay for medical marijuana.
The American Civil Liberties Union plans to appeal the rulings.
"No patient should be forced to choose between adequate pain relief and gainful employment, and no employer should be allowed to intrude upon private medical choices made by employees in consultation with their doctors," Scott Michelman, an ACLU attorney said.
Medical marijuana growers accused of trafficking
Category: Medical Marijuana | Posted on Wed, March, 16th 2011 by THCFinder
(Reuters) - A medical marijuana law in the state of Montana is being used for large-scale drug trafficking, federal prosecutors said, days after the U.S. government raided facilities across the state.
The raids on Monday capped an 18-month investigation of marijuana trafficking statewide, the U.S. Attorney for Montana, Michael Cotter, said in a statement.
Seizures also were carried out at financial institutions in three Montana cities under civil warrants seeking up to $4 million in connection with the alleged drug trade, he said.
The sweep prompted an outcry from medical marijuana advocates, who accused the government of cracking down on growers and distributors who were operating legally under the state's seven-year-old medical marijuana law.
But Cotter said in his statement that the raids were conducted "where there is probable cause that the premises were involved in illegal and large-scale trafficking of marijuana."
"When criminal networks violate federal laws, those involved will be prosecuted," he said.
Although cannabis is still considered an illegal narcotic under federal law, 15 states and the District of Columbia have statutes legalizing pot for medical use, according to the National Organization for the Reform of Marijuana Laws.
Cannabis in food gets stamp of approval from watchdog
CANNABIS ice cream, cake and beer have been cleared on health grounds by the nation's food watchdog, despite fears the "marijuana munchies" could trigger positive drug tests.
Food Standards Australia New Zealand yesterday sought public comment on an application by deregistered Sydney doctor Andrew Katelaris to lift Australia's ban on food derived from cannabis.
Dr Katelaris, who is appealing against his deregistration for supplying medical marijuana to patients, yesterday said the seeds of industrial hemp contained more Omega 3 acids than seafood. "We're looking at making ice cream and health food bars," he said.
"Our vision is that anything you can do with soy beans or dairy you can do better with hemp seed."
A Food Standards investigation concluded that industrial hemp contained such low levels of the psychoactive substance delta 9-tetraydrocannabinol (THC) that anyone consuming the food would not feel its effect.
"FSANZ has not identified any safety concerns relating to the consumption of hemp foods," the Food Standards report says.
"Hemp seed is a nutritious food containing sizeable amounts of protein, polyunsaturated fats and dietary fibre . . . (and) micronutrients such as thiamin, vitamin E, phosphorus, potassium, magnesium, calcium, iron and zinc."
But Food Standards reveals that "various government stakeholders" have raised concerns of high-THC seeds entering the food chain, of advertisers falsely claiming hemp foods have psychoactive properties or that they could trigger positive drug-test results.
"There is a potential risk that . . . labelling and advertising of hemp foods could suggest psychoactive properties . . . (but) this would be misleading," the report says. "Concerns have also been expressed about positive drug tests for cannabis use . . . This is of particular relevance for workplaces that may have drug-testing protocols, for athletes and for roadside drug testing".
The Food Standards report cites a scientific study that this is unlikely, as a person would have to consume eight teaspoons of hemp seed oil, or 300g of seed, daily to fail a drug test "and it is considered that consumption of such amounts is unrealistic."
Fort Collins: Cap on medical marijuana shops may be lifted
The number of medical marijuana businesses that could operate in Fort Collins would not be limited to those that are currently operating under revised regulations headed to the City Council for consideration.
Existing businesses, most of which do not meet the city’s requirements of being specific distances from facilities such as schools, child-care centers and places of worship, would be “grandfathered” and allowed to keep operating. Future businesses would have to meet the distancing requirements.
The Fort Collins City Council is scheduled to give final consideration today to a set of ordinances regulating medical marijuana businesses, including where they may locate and how much marijuana may be bought and sold between centers.
The ordinances received initial approval last month. But council members directed staff to change some elements of the regulations, including a cap on the number of licenses for medical marijuana businesses, or MMBs, the city would issue at 23, which is how many businesses are already operating in the city plus those going through the approval process.
The idea behind capping the number of MMBs in town was to protect the city from becoming the “grow capital of Northern Colorado if not the state,” said Capt. Jerry Schiager of Fort Collins police.
But some council members said the number of stores in other industries that may operate in the city is not restricted and marijuana businesses shouldn’t be treated differently.
The cap was an arbitrary number, said Steve Ackerman, a medical marijuana business owner and president of the Northern Colorado Medical Marijuana Business Council. The number of businesses that will survive will depend on the market, he said.
“I don’t think a cap on the number of places is going to reduce the demand or consumption of medical marijuana in Fort Collins,” Ackerman said. “If they take away the number of access points, they’ll drive patients to places that are unsafe, unregulated and untaxed.”
Opponents of medical marijuana said they plan to take their concerns to the council.
Colorado: Medical marijuana hearing continues this afternoon
Attorneys for three Loveland medical marijuana dispensaries and for the city of Loveland are arguing before a judge today about whether existing pot businesses can stay open — despite a city vote to shut them all down March 1.
Rocky Mountain Kind, Magic’s Emporium and Colorado Canna Care asked an 8th Judicial District Court judge to intervene and let them continue to provide medical marijuana to their patients.
The hearing is restarting after a lunch recess.
Several marijuana patients, a dispensary manager, a doctor and a landlord testified this morning about hardships they would face if the judge does not grant temporary injunction to allow the businesses to operate while the case questioning the November election goes through court.
The city has said patients could be served in surrounding communities such as Berthoud or Fort Collins.
The judge will take more testimony, including from the city, this afternoon and is expected to make a prompt decision regarding the temporary injunction.
Hearing Today on Bill to Allow Medical Marijuana in Connecticut
Category: Medical Marijuana | Posted on Mon, March, 14th 2011 by THCFinder
Penny Bacchiochi doesn’t want anyone to have to go through what she did to ease the suffering of a loved one dying of cancer.
“Twenty years later, I still remember the fear I felt. It is not right to put someone through that, who is only acting on the advice of a doctor,” Ms. Bacchiochi said of her illegal purchase of marijuana to ease her husband’s nausea.
When all other medications had failed, the marijuana helped his appetite and stabilized his weight after he had lost 80 pounds from chemotherapy treatments.
Her husband succumbed to the disease, but Ms. Bacchiochi, the Republican state representative from Somers, has been campaigning for the past seven years for the state to allow the medical use of marijuana, a measure that cleared the General Assembly in 2007, only to be vetoed by then-Gov. M. Jodi Rell.
This year, with the support of Gov. Dannel P. Malloy and the leadership of state Senate Majority Leader Martin Looney, D-New Haven, it has a better chance of passing.
Lawmakers will also take up separate legislation to decriminalize the possession of small amounts of marijuana and to allow judges the option of home arrest for certain nonviolent drug offenses involving less than 4 ounces of marijuana.
The bills are offered as an update of the state’s marijuana laws that proponents say will save money and bring Connecticut into line with 15 other states on the use of medical marijuana and a growing number that have decriminalized personal use of less than an ounce of marijuana, including Massachusetts. That state passed it overwhelmingly two years ago by referendum.
“It takes away the specter of arrest for otherwise law-abiding people,” said Michael Lawlor, referring to the medical marijuana bill. Mr. Lawlor, the former longtime representative from East Haven and chairman of the Judiciary Committee, is now Governor Malloy’s criminal policy adviser in the Office of Policy and Management.
A poll released by the Quinnipiac Polling Institute this month found 79 percent of voters were in favor of the medical marijuana bill, while 65 percent felt it was time to stop treating possession of small amounts of pot as a crime.
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