Pubdate: Tue, 07 Jan 2014
Source: Pueblo Chieftain (CO)
Contact:  2014 The Pueblo Chieftain
Website: http://www.chieftain.com/
Details: http://www.mapinc.org/media/1613
Author: George Rivera

MARIJUANA LAW

Have you been injured or has someone you love been killed in an 
accident caused by someone under the influence of marijuana? You 
deserve compensation. Call 1-800-BAD-DOPE, - our lawyers are standing by.

Yes, the real winners in the controversy over decriminalization of 
marijuana may very well be the trial lawyers. When this point was 
made to the owners/operators of a marijuana infusion and wholesaling 
facility in Denver during a recent informational tour, they stated 
that marijuana usage was voluntary, that it was still against the law 
to drive under the influence and that businesses still had the right 
to have drug-free work zone policies with mandatory drug testing of 
their employees.

I presented the argument that drug-free work zone policies combined 
with mandatory random drug testing could let businesses off the hook, 
but those operating in the marijuana industry might not be so lucky. 
I pointed out that they were well aware that THC can remain 
detectable in a person's system for weeks and that a drug test 
following a workplace accident could reveal its presence. 
(Incredibly, when asked if they would be testing their own employees, 
including delivery drivers, their answer was "no" because it would be 
disingenuous to do so and it would not send a good message.)

The likelihood that death or injury in an incident where marijuana 
usage was involved could lead to a civil action resulted in a 
response that went something like this - it's not our problem.

However, as the tobacco industry found out, the trial courts were not 
so easily swayed by the "it's not our fault" argument and juries in 
class action suits ultimately ended up awarding billions of dollars 
in damages to plaintiffs as part of judgments and settlements related 
to smoking cigarettes.

That same fate could befall those in the fledgling marijuana industry 
who, by ignoring the potential for civil liabilities resulting from 
marijuana use, might very well be acting like the proverbial ostrich 
hiding its head in the sand while leaving its most vulnerable end exposed.

Sen. George Rivera

Colorado State Senate District 3
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MAP posted-by: Jay Bergstrom