Random Drug Screens and the AZDHS? Is there any real 'protection'?

[dutch black]

I have finally overcome a bad car accident in which I went head on into a powerline in my car at 70mph. I managed to survive but I have several injuries including an impact injury in my right leg that has left me with a slight limp and lots of constant pain, I had a concussion and hyper extended my ring and pinky fingers so far back that they touched my wrist and fractured several bones in my hand which hurts with most any movement, handshaking is excruciating in most cases. I refused to take any pain medication prescribed by any physicians because they are only going to do more harm than good. I just medicate with my herbal remedy and have great pain management with it. I have recently been able to go back to work but the company that I am working for does random drug screens. I had to stop medicating for a month just to be sure I was going to pass the pre-employment drug screen. The pain during that time was pretty bad to say the least! They made it very clear during the orientation that they do random screens and not just on suspicion of use or if you have a job related accident. My question is: How much protection from being terminated am I really going to have with my card from the AZDHS if I have a positive drug test? I hate this feeling of my privacy being invaded in the first place, if I did crack or meth it would be out of my system in a few days but cannabis stays for so much longer. I need to work…..I want to work! I just hate the pain that I am experiencing from my injuries, but I am not taking pain pills that are going to damage my liver and make me a zombie. Anyone have any experience with this type of situation yet? Know of anyone that is going through this situation? Thanks.

 

[AvonBarksdale]

Unfortunately, I don't believe it affords you much more protection than not having the card.

Because cannabis can't be legally prescribed by a doctor, a lot of bigger companies won't recognize it as legitimate medicine.

 

[dutch black]

Which makes me wonder why they even state that you can't be terminated in their Q&A on their website? It clearly states that as long as you are not using while working or under the influence while working they have no means to terminate you. This could potentially get alot of people into trouble when they think that they are going to have some sort of legal protection when actually they don't. The AZDHS should not even answer that question at all, they should just state that you should consult with a lawyer for any questions pertaining to work related issues. Seems like in a way they are setting you up for failure.....not proper guidance at all in my opinion.

 

[AvonBarksdale]

FYI, the last job that I had was thru a temp agency. I was told a drug screen would be part of the process, and I have my MMJ card.

I called the office pretending to be another prospective employee and let them know I had my card, and wondered if I would still get hired if I tested positive for THC. He had to go to his higher up, then get back to me 24 hours later.

Well he actually did get back to me, and told me the company I would be working for was based out of Tennessee and that they don't recognize our state MMJ laws.

I told him that I thought I was afforded protection with the card, and he told me I would essentially have to find an attorney that would want to sue for wrongful discrimination, and good luck, but if I wanted the job to piss clean.

I ended up getting some Quick Fix...lol.

 

[HB DC]

Out of necessity cannabis is what I would use without holding myself to customs that were only frowned upon recently in America - the 1930s ring a bell. Before the whole reefer madness propaganda cannabis was and has been in use for medicinal healing and curing - yes I said curing - for over 5000 years.

 

[fatboyOGOF]

Out of necessity cannabis is what I would use without holding myself to customs that were only frowned upon recently in America - the 1930s ring a bell. Before the whole reefer madness propaganda cannabis was and has been in use for medicinal healing and curing - yes I said curing - for over 5000 years.

when i first went to thailand in 75, they had marijuana infused medicines available at the local pharmacy. only the locals could buy it though. the only thing i recall it being used for was menstrual cramps but there were other uses. our gubment made the thai gubment crackdown on the growing of that fabulous pot. our gubment sucks ass.

 

[dutch black]

I don't judge people, you can do whatever you want it's up to you but to intrude on my privacy at any random time that you want is just UN-AMERICAN!!! I can go out and get shitfaced drunk everynight, jump behind the wheel of a vehicle and drive, go home and beat my kids and wife and that wouldn't be a problem for my employer at all! I would fit in perfectly with their company probably! It drives me insane that cannabis is a PLANT!!! It's just a PLANT, which happens to be fucking amazing and opens peoples minds, hearts and souls but it is villianized but alcohol which at one point was PROHIBITED is glorified! Oh and tobacco kills like half a million people every year but that's legal also......WHAT THE FUCK IS GOING ON??? Someone please wake me up when this nightmare is over.........Zzzzzzzzzzz!!!!!!!

 

[compassionatecaregiver]

according to arizona law, they can not deny employment, terminate employment, or discriminate in any way on the basis of you having a card or testing positive. I know a person who was in this exact predicament, the company said that they follow federal law and do not recognize the mmj card at all. This person tested positive, and they were fired. The company was dumb enough to give this person a piece of paper that says the drug test was the reason for the termination, and in the end they ended up giving the job back to the patient after the corporate office was threatened with a discrimination/wrongful termination lawsuit.

AZ law states the following: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/36/02813.htm&Title=36&DocType=ARS
"B. Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:
1. The person's status as a cardholder.
2. A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment."


in an Arizona court, the patient would win easily, just as long as they have solid proof that they were discriminated against because of their drug test

edit: - oh but there is one easy out for the company - all they have to do is have a "reliable" co-worker say that you smelled like you had been smoking before work, or that you were stumbling or your eyes were glazed, and that makes it legal for them to fire you because they can say you were high at work. This is because our state lawmakers, as usual, did everything they could to deny the will of the people and nullify this part of the law. of course they can't nullify it completely but they can pass bills (HB 2541) that offer "clarification" to the AMMA, thereby fucking over the people because the lobbyists from the major employers paid them enough to do so. this link explains it better http://www.fclaw.com/newsletter/newsletter.cfm?id=1078

 

[HB DC]

If the company receives federal aid or funding and if having a patient using marijuana jeopardizes that federal connection the company has no obligation to keep the person! They have the right to rid the issue that would cause their federal funding to cease - the patient! If an employer doesn't want you around you are shit canned.. Pure fact! There are too many way to fire someone unrelated to their legal use of marijuana... So dot your i's and cross your t's. Somethings are best keep in the private unless you can afford to lose a job then I recommend calling your boss and saying, "I don't feel like coming in today. I need to catch up on some sleeping and scrap my pipe since all my time is devoted to working for you! Have a good day!" CLICK... What's the worst that can happen? Fired or acceptance... There is no in between!