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Penelope Calderon
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Medical Assistant at Orange County Medical Clinic

Legal or Illegal?

I was reading this article with a woman who gets fired for testing positive for marijuana, even though she told her employer she uses it for her medical condition. Do you think this is fair that she got fired from her job for a prescribed medication? http://boston.cbslocal.com/2015/09/17/mass-woman-fired-for-using-medical-marijuana/

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almost 11 years ago
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Terry Murphy
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Director

I live in Washington where it is legal. The other question is if I accept a job in another state like Iowa, where it is illegal, do I need to pass a drug test?

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Melvenia Martin
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This is messy situation if there is a prescription and doctors legal doctors notes then yes there may be some legal ramifications against the company, but if she or he is self diagnosis then Naww

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Linda Marshall
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Yes. It is illegal. That medicine is used for people with Epilepsy that have seizures that are extremely bad. So in turn, medical marijuana was the only choice she had. There are diets for Epilepsy that didn't work either to help control the seizures. I know this because I have Complex Partial Epilepsy. It is one of the hardest to help control. She is lucky she was working. This woman needs a service dog. Google about service dogs. And she had the American Disabilities Act. This deal with no matter what medical issues or medication is needed, the person cannot get fired. (Check the rules just in case I got anything wrong.) I hope I helped you Penelope.

Linda Marshall

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Brooks Ferguson
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I know one of my friends were terminated because someone else brought it to work in their pocket dropped it,the plant called a random he had already stopped smoking a month before and didn't take anything to clean himself out and got terminated is that right or not no plant nurse was hired till after the union stepped in.

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Joseph Roberson
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In circumstances where medical marijuana is prescribed by a physician and the employer was aware of the condition prior to hiring, employment cannot be terminated, especially if job performance is maintained accordingly even were employment policy comes in to play. Suggestion is to review past and current employee/employer handbook or guide for clarity.

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Patchur White
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Receptionist Front Desk Mental Health Agency at Step Up On Second

legalize it!!!!! legalize it!!!!! of course, the 5 and 7 leaflet plant which was put on this life nourishing planet by the grace of god!! legalize it!!!!! legalize it!!!!!

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carolyn warden
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What was the company policy on marijuana use? I see this as a policy/civil issue & not legal/criminal. A doctor prescribed a glass or two of wine each day to help my grandmother relax & sleep after a traumatic event. If she had nothing but wine for lunch and came back to work drunk I'd have expected her employer's policy on alcohol use to have been enforced.

Can the sensationalism of using words like "legal" and "illegal." Their inappropriate use only serves to show how unprofessional your publication is to use them in this headline as well as what poor grasp of the English language the author, and those who post this article have.

TRUTH & FACTS are essential for effective communication and fairness in the media

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joshua chilson
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Welder Fitter Field Supervisor at Precision Industrial Contractors

Using marijuana is legal in some states, and is proscribed by doctors for certian things but under federal law it is not legal and because of that employers do not have to recognize the states law about it and they have there own rights just as well as we do so if you test positive for marijuana they have the right to say if yoh can stay or go but if they say one can stay they must allow all others that test positive as well because then it is discrimination but in my opinion i dont think its right if it not effecting your work, hope this helps.

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Jeff Schnell
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Production Operator at Michelin North America

It says right there in the article: "Advantage Sales and Marketing is legally in the right if the company chooses to enforce a zero-tolerance drug policy, regardless of Massachusetts laws that permit medical marijuana." So, yes, they are within their right to terminate her under that policy. I'm sure there will be arguments about state laws allowing it, but if you look at the warning labels on prescription drugs you will see they say not to use machinery or drive while taking that drug. Marijuana, whether for recreational or medicinal, still has detrimental effects on the human body, much like alcohol does. I'm not a doctor, and I'm not condemning or condoning the use of marijuana, but a company's policy pertaining to drug use is just that, their policy. They have the authorization to enforce it, or in special cases, make exceptions to their policy.

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Jerry Morris
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Customer Service Representative at Dialog Direct

I don't feel they should be able to if you have your card.

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