Pubdate: Tue, 09 Sep 2014
Source: New York Times (NY)
Copyright: 2014 The New York Times Company
Contact: http://www.nytimes.com/ref/membercenter/help/lettertoeditor.html
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298

OBSOLETE ZERO TOLERANCE ON POT

Even marijuana companies don't want their employees stoned on the 
job. But in states that have legalized marijuana for recreational or 
medical use, many employers have retained or imposed "no tolerance" 
policies, penalizing workers for off-premise activity that is perfectly legal.

Brandon Coats, who answers customer calls for the Dish Network in 
Denver, has been paralyzed since a car crash at the age of 16, and 
smokes marijuana at night to relieve painful spasms. As Jack Healy 
reported in The Times on Monday, Mr. Coats was fired in 2010 for 
failing a random drug test, even though he carries a valid medical 
marijuana card.

Many other companies in Colorado have ignored the state's 2012 vote 
to legalize and retained their zero-tolerance policies. One business 
council representing 3,500 companies found that 71 percent kept their 
old drug-testing policies, and 21 percent actually made them more 
rigorous. "People were scared they were going to have a stoned work 
force," said a lawyer for the group, the Mountain States Employers Council.

That fear is unfounded. Would the same companies prohibit their 
employees from drinking a beer at home while watching a Broncos game 
or having a glass of wine with dinner? Marijuana is much less 
addictive than alcohol, as a recent editorial series in The Times 
showed, and it is less likely to cause antisocial or destructive 
behavior. There is no evidence that marijuana smokers are less 
focused on their job than casual drinkers.

One particularly hypocritical employer is the National Football 
League, which generously dispenses prescription pain pills to its 
players (and encourages beer drinking in the stands) but regularly 
suspends players - including Von Miller of the Broncos and two 
members of the Seattle Seahawks - for testing positive for marijuana.

Some workplaces that use dangerous machinery or employ fleets of 
drivers can justify random drug tests to ensure the safety of their 
employees and the public. (The New York Times, which is based in a 
state that has not legalized recreational use of marijuana, does 
conduct pre-employment drug screens, but not random tests of 
employees.) Others in Colorado and Washington are starting to drop 
marijuana from the list of prohibited drugs, while reminding workers 
that they are still expected to show up for work sober and alert.

The clash between the law and the workplace shows the importance of 
ending the federal government's ban on marijuana. The Dish Network, 
which has been sued by Mr. Coats, has cited the federal ban as part 
of its defense. Other companies say they need to maintain their 
drug-free policies to retain federal contracts. The government is 
encouraging businesses to stay behind the times in states where 
marijuana is legal; both need to catch up quickly.
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MAP posted-by: Jay Bergstrom