Job Barriers Hit Some New Mexico Medical Marijuana Patients

[grulla]

AP, no author given
Nov. 26, 2018

SANTA FE, N.M. (AP) — Some medical marijuana patients in New Mexico are finding a hard time getting jobs in places like Los Alamos National Laboratory thanks to federal requirements on drug testing and a lack of flexibility for applicants.
The New Mexico Department of Health says about 58,000 New Mexicans have legal access to medical cannabis for treatment of approved ailments and diseases, the Santa Fe New Mexican reports.
But national chains and New Mexico employers with ties to the federal government require drug testing that turns up marijuana use, said Jessica Gelay, director of the Drug Policy Alliance of New Mexico, a group that seeks to reform marijuana laws.

Continue reading at: https://www.usnews.com/news/best-sta...juana-patients

[Mr. Wizard]

This is a significant issue as the number of medical marijuana patients continue to increase nationwide. Good News: the law continues to emerge on this issue. New Mexico is one of 7 states that have laws legalizing medical marijuana, but the law is silent on "worker protections," including job applicants. Connecticut, however, is among 11 states that include protections for employees and applicants. Two months ago, Sept. 2018) a "federal court" ruled that a federal contractor operating in the state of Connecticut could not discriminate (hiring or firing) against a person using medical marijuana. **Key point: But, the judge based the decision in the main on the fact that Connecticut had non-discrimination provisions written into its medical marijuana law. So, first step seems to me, if New Mexico wants to correct this issue, the state law needs to be modified to specifically enumerate worker/hiree protections. You can read about the Connecticut case here:
https://www.theemployerhandbook.com/...5%F0%9F%A4%AF/




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[Islander]

Thanks, Grulla and Mr. Wiz. I suspect Maine, with one of the oldest medical programs in the country, has no non-discrimination law. I will find out.

[Mr. Wizard]

Thanks, Grulla and Mr. Wiz. I suspect Maine, with one of the oldest medical programs in the country, has no non-discrimination law. I will find out.

Maine law does include worker & job applicant protections. See below:

STATES WITH CLEAR EMPLOYEE PROTECTIONS
The following eleven states have statutes with explicit language (anti-discrimination or reasonable accommodation provisions) providing varying levels of employment protection. These laws generally prohibit adverse action against an employee/applicant based on their status as a medical marijuana cardholder or participation in a medical marijuana program. States which have implemented a legal medical cannabis program that currently have clear employee protections in place include: Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Minnesota, New York, Pennsylvania, and Rhode Island.
Read more here: https://www.baltimoresun.com/bal-ugc-article-maryland-workers-and-legal-medical-marijuana-1-2018-02-13-story.html

[Islander]

Well, you could say that. But Maine is also an "at will" state. That means an employer can choose not to hire you, or can terminate you, as long as he does not specify the use of cannabis as a reason. Because that would be breaking the law.

[Mr. Wizard]

True. But, the federal judge in the Connecticut case set a precedent by using state law to rule in favor of a medical marijuana user seeking a federal job. That Maine and only 10 other states have law protecting employment rights of medical marijuana is a huge first step in protecting individuals who seek "federal" jobs, since the federal gov't still considers marijuana illegal.

[Islander]

Amen to that, and expect to see major change in my lifetime.

[Mr. Wizard]

According to Forbes magazine, the U.S. legal marijuana market leads the rest of the world. In 2017, U.S. sales for legal marijuana totaled $8.5 Billion. This was 90% of the worldwide market, which totaled $9.5 Billion. In three (3) yrs., by 2022, the legal marijuana market is projected to hit $24 Billion, and will account for 73% of the world's legal market.
Read more details here:
https://www.forbes.com/sites/thomasp.../#56f930a62d20