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 - --- MAP posted-by: Jay Bergstrom