Pubdate: Sun, 02 Nov 2014
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2014 Sun-Sentinel Company
Contact: http://drugsense.org/url/mVLAxQfA
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Marcia Heroux Pounds, Staff writer
Page: 1A

MEDICAL MARIJUANA COULD COST S.FLORIDA EMPLOYEES THEIR JOBS

If medical marijuana is approved in Florida, you
could still lose your job for using the drug, even with a doctor's
 consent.

The reason: Amendment 2 contains no employee protection.

Employers and legal experts say businesses are
likely to make individual judgments when it comes
to employees with medical marijuana
prescriptions. But an employer who prohibits
marijuana use by employees could still enforce those policies.

=93The employer could say, `I don't care about your
prescription, you're fired anyway,=92=94 said Brett
Schneider, who heads the labor law practice at
Weiss Serota Helfman in Fort Lauderdale.

Marijuana is still illegal on the federal level,
and employers would still be able to require drug
testing to support their no-drug workplace policies.

=93If you test positive, you are at risk of losing
your job, even though you're taking marijuana
like a medication,=94 said Bob Turk, partner with
the Stearns Weaver law firm in South Florida.

David Tilbury, 43, of Fort Lauderdale, lost his
seven-year job in June after he refused to take a
drug test. He admitted using marijuana for
medicinal purposes, but he said he didn't want a
positive drug test on his work record.

Marijuana =93brings down my pain from a 10 to 4
range within five minutes,=94 said Tilbury, who
said he suffers from arthritis pain due to 12 surgeries for dwarfism.

=93I'm hoping once the stigma is removed, it
becomes more accepted. I hope employees can still keep their jobs,=94 he
 said.

Turk and Schneider both expect that some
employers will show more acceptance to medical marijuana if the law passes.

=93From a practical perspective, employers may say,
`We're OK with this as long as you have a valid
prescription.'=94 said Schneider, president of the
Human Resources Association of Broward County.

Laws governing the treatment of disabled people
in the work place also could be a concern for employers.

The American with Disabilities Act excludes
protection for individuals engaged in the illegal
use of drugs. But there might be a legal conflict
with Florida's Civil Rights Act, which protects
disabled workers from discrimination.

Sheila Cesarano, a partner with Shutts & Bowen in
South Florida, said employers who fire a disabled
worker for legal medical marijuana use could risk
a charge under state law. Cesarano said some
employers might make informal accommodations or
consult a doctor to make sure a dosage at home
won't affect the employee at work.

The law is =93far more pro-employee than you might
imagine,=94 she said. =93The burden is on the
employer to show a safety-related reason.=94

Ken Lebersfeld, chief executive of Boca
Raton-based retailer Capitol Lighting, said he
favors more personal freedom and less government
intervention, so he favors Amendment 2.

But as an employer, he would like more
information on how medical marijuana use might affect workplace performance.

=93We would have to handle performance issues the
same way we would handle it if someone was
abusing legally purchased alcoholic beverages. If
someone is drunk in the workplace, it can be
dangerousandunproductive=AD it would be the same
situation if they were high,=94 he said.

Advanced Power Technologies in Pompano Beach
maintains a drug-free workplace, but CEO Devin
Grandis said he wants Amendment 2 to pass because
it will increase his pool of job candidates.

Grandis said he has fired good employees who
tested positive for a remnant of marijuana use
over a weekend. The company employs more than100 people in Florida.

=93Pot in moderation is no different than wine or
hard liquor in moderation,=94 he said. =93For them to
recreationally smoke pot, I could care less about
it=AD as long as they show up not being drunk or stoned.=94
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MAP posted-by: Jay Bergstrom