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Employer/union Gave Me 90 Days I Have Card

genesisherb

By genesisherb
in Legal Professionals

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genesisherb Newbie

genesisherb

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I HAVE MY CARD AND WAS DRUG TESTED BY MY EMPLOYER/UNION CAME BACK POSS. THE MRO CALLED ME I TOLD HIM THE LETTER THAT CAME WITH MY CARD FROM THE STATE SAID I CANT BE DISAPLINED HE SAID HE WILL TELL THEM I AM POSS. OF COURSE I NEVER USE IT AT WORK BUT AS WE ALL KNOW THEY TEST FOR METABOLITES THE BY PRODUCT OF THE PARENT DRUG NOT DELTA 9 THC THAT IS ONLY IN YOUR SYSTEM FOR 4 TO 6 HOURS SO THEY GAVE ME 90 DAYS OFF WITHOUT PAY WAIVED THE DRUG TREATMENT PROGRAM BECOUSE IT WAS RECOMENDED BY A DR. NOT AN ADDICTION WHEN I ASK HOW CAN HE DO THIS HE SAID THEY TEST BY DOT STANDARDS AND IT IS ON THERE WEBSITE (the must program) I SAID I WAS NEVER TOLD ABOUT THIS BY THEM OR MY EMPLOYER THEY SAID SORRY AND HUNG UP , THIS IS MY PROFESSION FOR 37 YEARS NOW. I BELEAVE THEY ALL ARE IGNOREING THE LAW, I WISH I COULD FIND A LAWYER TO RUN WITH THIS AND MAKE THEMSELVES 20 MILL. BUCKS

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lawyercaregiver Advanced Member

lawyercaregiver

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Unfortunately the Michigan Medical Marijuana Act does not include employment status in its list of protections.

 

You can be fired, disciplined etc. by your employer for using medical marijuana. I am not sure if you have a recourse except to find a more enlightened employer and work towards enlightening your employer. There may be some efforts underway to change this unfortunate omission which was probably necessary to insure passage by the people. There may also be some arguments on discrimination against the sick in the Michigan Disability Act and/or Michigan Constitution but this may a bridge too far.

 

Good luck to you.

 

Not legal advice, just my opinion, blah blah.

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GanjaWarrior Advanced Member

GanjaWarrior

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Unfortunately the Michigan Medical Marijuana Act does not include employment status in its list of protections.

 

You can be fired, disciplined etc. by your employer for using medical marijuana. I am not sure if you have a recourse except to find a more enlightened employer and work towards enlightening your employer. There may be some efforts underway to change this unfortunate omission which was probably necessary to insure passage by the people. There may also be some arguments on discrimination against the sick in the Michigan Disability Act and/or Michigan Constitution but this may a bridge too far.

 

Good luck to you.

 

Not legal advice, just my opinion, blah blah.

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

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Ms Chocolate Advanced Member

Ms Chocolate

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Just my opinion

 

If you are a “registered patient”, in compliance with Section 4, law enforcement is not to arrest, prosecution, ticket, hit you with forfeitures; nor will you lose any “state issued” business, occupational, or professional license; or face any business, occupational, or professional civil penalty or disciplinary action (you may lose the job - but you get to keep the license); for the medical use of marihuana if it is done in accordance with this act.

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badbert Advanced Member

badbert

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I have a thought on this subject, and feel free to correct me where I am wrong.

Purely hypothetical situation... If I am sent to a clinic for a drug test, and I test positive for anti-depressants, Vicodin, Codeine, or even AIDs drugs, and I provide the clinic with my prescription from the doctor. Wouldn't it be a violation of my HIPAA rights to report these drugs to my employer? So if I show them that I am a legal user by my doctor recommendation and/or my registered card, and they still inform my employer... Wouldn't that be a violation of my HIPAA rights? And wouldn't that open the clinic up to legal recourse?

I am reminded of a conversation that Greg Francisco had with a social security worker, where he asked her if cardusers would have a problem with testing positive. Her answer was something like, not if it's legal, then there is no problem.

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lawyercaregiver Advanced Member

lawyercaregiver

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I have a thought on this subject, and feel free to correct me where I am wrong.

Purely hypothetical situation... If I am sent to a clinic for a drug test, and I test positive for anti-depressants, Vicodin, Codeine, or even AIDs drugs, and I provide the clinic with my prescription from the doctor. Wouldn't it be a violation of my HIPAA rights to report these drugs to my employer? So if I show them that I am a legal user by my doctor recommendation and/or my registered card, and they still inform my employer... Wouldn't that be a violation of my HIPAA rights? And wouldn't that open the clinic up to legal recourse?

I am reminded of a conversation that Greg Francisco had with a social security worker, where he asked her if cardusers would have a problem with testing positive. Her answer was something like, not if it's legal, then there is no problem.

 

OK, just my opinion, blah, blah. HIPPAA does not have anything to do with drug testing or your arguments you have valid script. The clinic is reporting your result and you agree to that as a precondition of employment. What YOU want is legal protection in the statutes or for the courts to magically discover some penumbra that protects medical marijuana users. The first option needs to be our focus cuz good luck with the second.

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badbert Advanced Member

badbert

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Posted

OK, just my opinion, blah, blah. HIPPAA does not have anything to do with drug testing or your arguments you have valid script. The clinic is reporting your result and you agree to that as a precondition of employment. What YOU want is legal protection in the statutes or for the courts to magically discover some penumbra that protects medical marijuana users. The first option needs to be our focus cuz good luck with the second.

 

So the clinic has the right to provide a list of your prescriptions to your employer?

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