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Advocates Call Medical Marijuana in the Workplace Bill Bigotry

By Kacey Drescher

Story Created: Mar 2, 2011 at 8:37 PM MDT

Story Updated: Mar 2, 2011 at 8:37 PM MDT

The grey areas surrounding medical marijuana in Montana has created a slew of legislation aimed to regulate and repeal the voter passed initiative, leaving many questions surrounding medical cannabis in the workplace.

Republican Representative Gary MacLaren's (R- House District 89) House Bill 43 creates employment related exceptions to the protections of the medical marijuana act. “Basically puts the use of medical marijuana on a par with the use of alcohol or other drugs in the workplace or outside the workplace,” says Representative MacLaren.

The bill clarifies an employer’s rights when it comes to workers compensation, drug testing and disciplinary action involving an employee’s use of medical marijuana. "There are a lot of questions among the business community because they are worried about frivolous lawsuits, they’re worried about high legal fees and they’re worried about hazardous workplace environments," says Jon Bennion, Montana Chamber of Commerce Government Relations Director.

The measure greatly expands the pool of employees subject to random drug testing. “So through no fault of their own, through no actions of their own on the job, not because of any sign of impairment, they are now going to be pooled into the pool of people that will be subject to random drug testing,” says ACLU of MT Public Policy Director, Niki Zupanic.

And if medical marijuana is found in an employee’s system - regardless of impairment level or job performance, employment could be terminated.

“The problem I have with this bill however, is as I read it actually does leave the door open for bigotry. To the right of an employer to say I don’t care that you’re doing a great job, I don’t care that you’re not under the influence ever at work, I know that you might use cannabis at night before you go to bed and I don’t like that so you’re fired and you can’t sue me, you can’t do anything,” says Tom Daubert with Patients and Families United.

Supporters say the bill not only promotes safety in the workplace but it offers protection from costly legal action

"Our small business members can’t afford the threat of liability on this. It may be a threat but even a threat costs $10,000 dollars,” says Riley Johnson, National Federation of Independent Business.

House Bill 43 does not create new drug testing laws but expands upon them which opponents say targets and violations the privacy of medical cannabis patients

“Montanans shouldn’t have to trade their privacy just to be able to keep a job,” says Zupanic.

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This is a rediculous idea? said on Thursday, Mar 3 at 9:41 PM

What next are they some how going to link Medical Marijuana in Montana to Terrorism? Marijuana if ingested orally actually has been proven in studies to have no ill effects as far as impairing motor skills, judgment, or reasoning. It can defiantly make you light headed if you inhale the smoke just like any smoke would do. But as far as impairment gos that is a myth, unless its some black market stuff laced with meth or other harmful drugs. thats what politicians should be worried about the hard core drugs, police are to afraid to deal with the meth heads and crack heads becuase they don't wanna get shot at! the truth is Medical Marijuana is the least of our problems here in Montana.

Against MM said on Thursday, Mar 3 at 2:46 PM

The cost is much higher then this artical is stating!!! Case in point-currently in the Lewitown MT courts, the cost to that Employer is ENORMOUS--a Builder!!!

Anonymous said on Thursday, Mar 3 at 11:05 AM

Well that is what happens when our state and government pass a bill without further investigation. Medical Cannabis is needed for some patients, but just a gate for others to smoke freely and purchase it without legal problems..Hmmm should investigated that before allowing.

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