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. - --- MAP posted-by: Jay Bergstrom