4.16.2010

Oregon Supreme Court Says Employers Can Discriminate Against Employees Who Use Medical MJ

Yeah, that's right.  Discriminate

"SALEM, Ore.—In a long-awaited decision, the Oregon Supreme Court has ruled that employers are not required to accommodate employees who use medical marijuana.  The decision dated Wednesday and posted online Thursday in Emerald Steel Fabricators Inc. vs. Bureau of Labor and Industries involves an employer who refused to hire a temporary worker as a permanent employee after learning he was a medical marijuana user. The Oregon Supreme Court's 5-2 ruling overturned an appellate court ruling that had been based on technical grounds.  The Oregon Medical Marijuana Act authorizes individuals holding registry identification cards to use marijuana for medical purposes. However, “under Oregon's employment discrimination laws, (the) employer was not required to accommodate employee's use of medical marijuana,” the Oregon Supreme Court majority ruled."

Like the use of the term "accomodate"?  What that really means is if you are a patient legally holding a card that gives you the legal right under state law (which the Oregon Supreme Court is supposed to uphold) to use mj for recognized medical conditions, your employer or future employer can refuse to hire you or fire you simply because you hold the card.  Said employer doesn't even need to show you are showing up high on the job.  The card enough is alone to get you axed.  Hence, this is nothing short of discriminatory. 

And why in the hell does the fact that in the State of Oregon, being it is legal to use marijuana for medicinal purposes as long as it's prescribed by a medical doctor and therefore, patients can be discriminated by employers for following state law?
"The court also concludes that even though the state law authorizes the use of medical marijuana, the federal Controlled Substances Act pre-empts the state law."


Ah yes, the usual trump card played by mindless goons who wouldn't know the terms logic and open-mindedness (Truth) if they were to bite them in their ass.  As I often say these days to people who look at such situations and ask Huh?: "You can't make sense out of crazy."  And such laws, backed with mindless unsubstantiated dribble are the epitomy of crazy. 

Anyone else thinking about the millions of people hooked on legal prescription narcotics?  Or sleeping pills?  Or the millions who take OTC antihistamines which make many people extremely drowsy?  Or what about people who drive for a living and text and/or talk on their cell phones which has been proven to be as deadly (more deadly if you're a driver-texter) as driving drunk? 

And yet here we have a case where someone simply has a prescription card for a legal substance, has not been shown to be impaired on the job present or past and yet, the employer has the right to discriminate against them anyway?

Yep.  This "crazy" disease just continues the longer the system keeps on plugging away while the majority of the people engage in childish political battles instead of coming together and realizing BOTH SIDES ARE GETTING SCREWED IN THE ASS.

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