Pubdate: Sun, 06 Oct 2013
Source: Peoria Journal Star (IL)
Copyright: 2013sPeoria Journal Star
Contact:  http://pjstar.com/
Details: http://www.mapinc.org/media/338
Note: Does not publish letters from outside our circulation area.
Author: Steve Tarter

MEDICAL MARIJUANA COULD CHALLENGE EMPLOYER DRUG TESTING POLICIES

A new day is coming for Illinois employers. While it may not dawn 
right away, preparations for the acceptance, understanding and 
management of cases dealing with medical marijuana are already underway.

In August, Illinois became the 20th state in the country to approve 
the sale, production and use of marijuana or cannabis, a substance 
that once had a very different image.

No longer is marijuana viewed as the gateway drug that leads to the 
descent into drug addiction, a point that made it a leading 
battleground in the so-called war on drugs, said Peoria attorney Reed 
Roesler, who held a briefing for area employers last week as part of 
a joint effort by the AAIM Employers' Association and the Peoria Area 
Chamber of Commerce.

"There's been a momentous change both in the use of cannabis and in 
the approach of law enforcement on cannabis," said Roesler, noting 
that just 10 years before he'd made a presentation on drug testing in 
the workplace at the Peoria chamber.

"Early on, if an employer didn't have a drug testing policy in place, 
it was almost viewed as condoning the use of drugs," he said.

As background, Roesler pointed out that the war on drugs was declared 
to stem an increase in heroin addiction cases following the Vietnam War.

"By 1996, all that legislative effort to prosecute the war on drugs 
began to grind to a halt," he said.

"The atmosphere is dramatically different in 2013," said Roseler.

While cannabis is no longer viewed the same way it was in earlier 
years, employers have to contend with one of the basic tenets of the new law.

"The approved use of cannabis is for people with some kind of 
disability," he stated, referring to the therapeutic use of the drug 
for cancer, glaucoma and other conditions.

Just as employers can't single out smokers or drinkers by law - a law 
that cigarette companies worked to install - employers can't be 
weeding out those who use medical marijuana, said Roesler.

The medical marijuana law, a pilot program that's initially set up 
for four years and will probably take at least a year to set up, will 
require some understanding on the part of employers, he said.

"Like alcohol, marijuana has a different impact on individuals when 
it comes to impairment," said Roesler.

"Those using medical marijuana are not required to self-disclose," he added.

Roseler explained that the new marijuana law is primarily focused on 
criminal prosecution rather than what private employers can do.

"By not hiring someone with a medical marijuana card, you're not 
hiring someone with a disability. That's sure to be challenged," he said.

Despite the law that takes effect Jan. 1, an employer is still in a 
position to impose a zero-tolerance drug policy, said Roesler.

One thing the new law may do is prompt debate about drug testing by 
employers, he said.
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MAP posted-by: Jay Bergstrom