Pubdate: Sun, 10 Aug 2014
Source: Albuquerque Journal (NM)
Copyright: 2014 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Page: B2

EMPLOYERS NEED FINAL SAY ON WORKERS' USE OF MEDICAL POT

When you go to urgent care, you should be able to be confident the
medical professionals treating you aren't high. When you drive down
the highway, you should expect a truck driver to be sober. A drug-free
workplace is what most people expect - including employers.

And that's what Presbyterian Healthcare Services says it is committed
to and is required to provide under federal law. So, when a nurse
practitioner started working in one of its centers and tested positive
for THC, the active chemical in marijuana, she was fired, even though
she provided documentation that she is authorized to use medical
marijuana to treat symptoms of post-traumatic stress disorder. Donna
Smith's attorney says she did not possess or use marijuana at work and
had excellent performance reviews at previous jobs.

Smith is suing, claiming PHS violated her civil rights under state law
because she was fired as a result of a physical or mental condition.
New Mexico's medical marijuana statute says the law does not protect
patients from civil or criminal penalties for use or possessing pot in
the workplace. And medical marijuana use is illegal under federal law,
although states that allow it aren't hassled by the U.S. Justice Department.

Smith's lawsuit claims the Presbyterian official who fired her said
company policy prohibits medical providers from being medical
marijuana patients. A PHS spokeswoman said Smith was fired out of
concern for patient safety and that "Presbyterian has a mandate under
federal law to provide a drug-free workplace." Presbyterian isn't
accusing Smith of being high; it simply has a drug-free policy.

It's reasonable companies want workers and customers to be safe, so
companies should be able to set work policies based on workplace and
insurer's demands.

Kudos to Presbyterian for taking up this fight.
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MAP posted-by: Matt