Imagine a workplace where employees show up to work high on marijuana and there is nothing you can do about it?
The intent of HB 5389 – An Act to Permit Medical Marijuana is to allow persons having "debilitating medical conditions" to smoke marijuana. Among the conditions listed as qualifying are post traumatic stress disorder and "any other medical condition . . . approved by the Department of Consumer Protection."
Even though Marijuana is a Schedule I illegal drug under the FDA, employees at the Department of Consumer Protection will be given the ability to act like a doctor. The DCP worker will be approving growers to cultivate pot plants and will be allowing pharmacies to dispense the illegal drug.
HB 5389 provides alarming protections for the use of marijuana in the workplace: A qualifying patient shall not be subject to arrest or prosecution . . . penalized in any manner . . . for the palliative use of marijuana" as long as he or she has a "debilitating medical condition," a "written certification" from a doctor, (not a prescription) and does not possess more marijuana than the amount permitted. The amount permitted in the bill is a one month supply.
There are a few exceptions from the protections provided to marijuana patients from arrests and penalties, including “patients may not ingest marijuana in the workplace" or various other places.
Under HB 5389, the ability of employers to deny employment, terminate or discipline an employee who is a marijuana user as a "qualifying patient" will berestricted.
HB 5389 will be a departure from the longstanding historical concept of “employment at will" and would severely restrict the employers ability to enforce its workplace safety and security policies with respect to any worker who is able to find a physician who will sign off by issuing a recommendation, again not a prescription on his or her "debilitating medical condition."
HB 5389 also exempts "qualifying patients" from drug-free workplace laws, department of transportation laws, and other long-standing regulations. This could potentially set up a conflict that will have to be resolved in court.
HB 5389 could make workplaces less safe, increase liability insurance costs and encourage lawsuits by disgruntled employees.
A few questions to think about: How would a doctor know what the proper dosage is to administer? Who will pay for growers and pharmacies to secure their product? Can pharmacies lose their license if the Federal Department of Justice decides to prosecute dispensaries? One pharmacist has already stated that they would never dispense this as they would be in conflict with federal law. Would employers, municipalities, and schools be subject to further liability and mitigation?
All of these concerns and more could put your business in conflict with federal law which supersedes state law. The US Department of Justice on April 14 wrote a letter to the Governor of Washington state reminding her that Congress has maintained marijuana is a controlled substance. As such controlling or possessing is a violation of federal law regardless of state law permitting such activities. (Letter is attached.)
And just this week an attorney for La Plata County Colorado sent a warning to city officials. After seeking clarification from their insurer they have been advised that the county as an entity, its elected officials, employees and appointed officers have no liability coverage for functions performed under the County’s medical marijuana regulatory programs.
In business a good owner knows his down side when making important decisions. Do you know yours?
Contact the following offices about this very important issue:
Governor Dannel P. Malloy
Local: 860-566-4840
Toll-Free 1-800-406-1527
Send email to Governor Malloy
Attorney General George Jepsen
(860) 808-5318
[email protected]
Office of Consumer Protection
(860) 713-6050
William M. Rubenstein, Commissioner
Senate President, Donald Williams
Form to mail Senator Williams
Executive Secretary/Carla Smith
860-240-8614, or
Toll-free: 1-800-842-1420
Speaker of the House, Christopher Donovan
(860) 240-8500 | 1-800-842-1902
[email protected]
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