Friday, October 18, 2019

How Tenisons Between State and Federal Marijuana Laws Affect the Workplace

The increase in marijuana legalization has prompted the question: "how legal is it actually?" Confusion on marijuana laws is caused by the disconnect in state and federal laws. States such as California, Oregon and Colorado have legalized marijuana for recreational use, however, federal law still states that marijuana is illegal and criminalized. Essentially, this means that a California police officer cannot arrest a person for using marijuana in California, but a federal agent could.

One of the main areas where this tension between state and federal laws causes confusion is the workplace. Industries like real estate, law enforcement and employment law struggle with policymaking when it comes to marijuana usage. On one hand, most employers do not want their employees using marijuana because usage is known to decrease motivation and productivity. On the other hand, banning marijuana usage could create conflicts between employees and employers, as marijuana is legal for recreational use.

However, more and more businesses are beginning to ban marijuana use, even in fully legal states. This is most likely a result of a significant increase in recreational use: the first year marijuana was legal in Colorado, usage by employees rose 20% (naag.org). Some employees have protested by claiming that legal medical marijuana use should be tolerated. However, most courts have ruled that employers may ban medical marijuana use as well as recreational.

In conlusion, legal marijuana laws don't necessarily mean free usage.







10 comments:

  1. The decision on whether employees should be allowed to use marijuana should be left completely up to their employer. While the legality is expanding within many states, marijuana can certainly impact how well one works by affecting their ability to focus and enthusiasm while on the job. Because of this, companies should be allowed to add clauses to their constitutions that either permit or restrict marijuana usage among employees, determining what will help the business run most effectively. If employees do not agree, they can find new jobs, not file cases against their employers.

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  2. Given that the legality of Marijuana is so new, I think it is acceptable for companies to continue restricting marijuana use for their employees. If employees want to stay at a company they should alter their lifestyles in order to accept it. The legality of marijuana doesn't come with many protections under the law, and if they want to do it, individuals have to understand the consequences.

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  3. The employer should determine the rules about marijuana usage in their company. Especially with the legality of it now, it is not up to the state, but rather the employer. If the employees disagree with company policies, they should either take it up with their boss, or get a new job that fits the lifestyle they aim to live.

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  4. I do not believe companies should continue to restrict marijuana use for their employees if it is legalized by the state. On the other hand, if an employee cannot work at a place that does not allow them to smoke then they can just apply for another job. Additionally if a company does not want to allow then that should be the right of the companies to decide whether their employees can smoke or not because they are under contract.

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  5. I think companies have the right to prohibit their employees from using recreational marijuana, even in states where weed is legalized. If employees don't like that, they can find another job, but in reality, would most companies go through the effort of drug testing its employees? Probably not. In the future, marijuana will likely be legalized federally and this won't be confusing anymore.

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  6. "how legal is it actually?"
    As stated in the article it is not really legal and even if it is in the states it means that the employer can denounce that law in it;s workplace even if it is medical marijuana. I think that employers do have a right to decide how their employees do and what can make them productive then not productive but their still need to be guidelines where, if someone needs marijuana for medical purposes it should permitted.

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  7. Ethan Gardner
    I think companies should continue to be allowed to limit marijuana usage among their employees because it can inhibit their ability to work effectively. Additionally, since the legality of marijuana is still a controversial subject, employers should be able to limit it in order to prevent any confusion or run-ins with the law. Also, marijuana could decrease worker's performance and/or energy on the job.

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  8. The employers should have the ultimate say on how marijuana should be handled within the workplace because they are the ones offering the employee a line of work. Despite the recreational use of marijuana being legal in some states those who use it could still be liable if they encounter federal law enforcement because it is not completely legal in the U.S. Depending on the employer’s stance regarding the usage of recreational marijuana it is ultimately their decision that determines whether it is tolerated in the workplace.

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  9. Employers make rules for employees so it makes sense that employers should be allowed to restrict marijuana usage in the workplace. One reason employees may refuse to comply is if they do not care about the job enough. Many people should be able to wait until they are not at work if they feel the need to use marijuana. Employers should not be able to restrict usage outside of the workplace.

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  10. I believe the usage of marijuana and whether it should be allowed in the workplace is ultimately up to the employer, be it in their documents or rules, the employer is responsible for directly telling the employees if it's okay or not. Marijuana is known to have effects that can inhibit proper workplace attitude, and if it's such a big problem to the employer, it's up to them to make the rules. If all else fails for an employee, they can also just find a new job where it's not such a big deal.

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