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Marijuana and The Workplace

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Added on: 2024-05-31 09:24:19
Order Code: CLT322025
Question Task Id: 0

Introduction

As per the National Councilwhich follows Compensation Insurance or NCCI, lawsof workers' compensation are obtained by several jurisdictions, which, in few forms obstruct compensation benefits or restrict workers when the harm or injury is ascribed to drug use or intoxication. In an interesting way, current research indicates a positive effect could have been obtained by medical marijuana on the health and safetyof workers. Workers can be allowed medical marijuanafor managing pain as well as related symptoms betterlinked with illnesses and injuries within the workplace. This results in minimizing opioid useand compensation claimsof workers. No state even provides protection to on-duty or off-duty recreationalutilization of marijuana (Wolfrom & Ng, 2020). Further, states shall explicitly denote often that laws of recreational marijuana do not create an impact on drug-free workplaceguidelines and policies of an employer.

Relevance and importance of Marijuana in the workplace

Marijuana can impair coordination and attention even at reduced doses and also create an impact on the manner information is being processed by the mind. Due to these effects, marijuana utilization has resulted in occupational accidents that lead to users as well as other peoples harm. Marijuanas high doses can lead to distortion of the image, hallucinations, and personal identity loss. Marijuana abuse can also result in severe mental and physical issues comprising respiratory infections frequently, impaired learning and memory ability, maximized heart rate, panic attacks, and anxiety. People abusing the drug regularly can deal with relevant issues just like tobacco smokers including phlegm, cough, chest colds frequently, and chronic bronchitis (Goldsmith et al., 2015). Furthermore, due to the fact that carcinogensand toxins are contained in marijuana, cancer risks are increased by marijuana smokers, and the health challenge is spread out over the respiratory tract, lungs, neck, and head.

Overview of the primary legal principles and regulations connected to Marijuana in the workplace

In the year 1996, the incorporation of the Compassionate Use Act (CUA)was undertaken for the motive of making sure that people in California who deal with serious, terminal, or debilitating disorders with relief obtain the right for acquiring and utilize marihuana specifically for clinical purposes based on the recommendation of the physician. It has been evident from analysis that nausea and chronic paincan be reduced by marijuana linked with a few adverse illnesses as well as their treatments (LAO, 2016). The Act of Fair Employment and Housing or FEHA is applicable to private and public employers, employment agencies, and labor organizations. The legislation finds it unlawful for a minimum of five staff or more than that for discriminating against employees and job applicants due to a safeguarded form or retaliates against themdue to their rights having been asserted by them as per the law. Harassmentis prohibited by the FEHA depending on a safeguarded form against a worker, an unpaid volunteer or intern, a contractor, or an applicant (Allianceriskgroup, 2023). On 7th October 2023, Senate Bill (SB) No. 700 was signed by Gavin Newsom, the California Governor into law further making expansion into the FairHousing and Employment Act of California to safeguard applicantsfrom any kind of discrimination depending on prior utilization of marihuana, comprising specific exceptions (Criminallawyersandiego, 2018). Presently prohibition is provided toCalifornia employers to ask applicants for the job regarding utilization of marijuana and several employers are barred from penalizing employees over legal marijuanause outside the workplace.

Case examples related to Marijuana and its legalization within the workplace

Within the case scenario of Ross v. Raging Wire Telecommunications, it had been observed that the plaintiff of the case, Gary Ross, who was a U.S. Air Force member previously dealt with muscle spasms and strain in his backside. The plaintiff has been identified as a qualified member under the Housing and Fair Employment Act of California (FEHA). Ross started using marihuana relying on the recommendation of his physician, compatible with the legislation of the Compassionate Use Act (CUA). Raging Wire Telecommunications, Inc. Company, being the defendant in the scenario offered Ross employment in their organization. The plaintiff was required by the defendant to undergo the drug test as they had yet not obtained the test results. A few days later, the plaintiff was informed by the defendant that the outcome arrived positive for the drug test called tetrahydrocannabinol (THC) which is a vital element in marijuana. Raging Wire was provided a copy by Ross in relation to the suggestion of the physician as well as informing the defendant that for his medical purposes, he had to use marijuana. After confirmation of the marijuana utilization, Raging Wire Telecommunications fired Ross from the job. Rosss marijuanause does not allow him to continue his work. Depending on the said facts, a lawsuit was claimed by the plaintiff based on the aspects that the FEHA was violated by the defendant by dismissing him from the job along with showcasing failure for making reasonable accommodations, particularly for his disability purposes (Findlaw, 2024). The complaint of the plaintiff was not granted by the trial court. Further, the dismissal of the trial court was appealed by the plaintiff. Reasonable accommodations were further asked by the trial court for his use of medical marijuana.

Future developments and their possible impact on employees and employers

As per the Medical Cannabis Safety and Regulation Act or MCRSA which is a part of the Compassionate Use Act (CUA), the license application procedure had been in place. Prospective licensees should highlight local approval evidence as well as the lawful right for occupying the proposed premises of the business. In this situation, cultivators should refer to themselves as agricultural employers as per the AgriculturalAct of Labor Relations. Every applicant is required to deliver a background check to the Justice Department. An individual who has committed an offense in relation to a felony drug, a serious or violent felony, as well as its related offense having a connection to the important qualifications for running a business of cannabis can obtain their denied application. As per proposition 64 of the proposition, the MCRSA legislation proposes some modifications in relation to the non-medical marijuana regulation's framework by the legislature's majority vote. This includes non-regulatory compliances like criminal and taxation offenses that necessitate the legislatures two-thirds vote (Olmsted & Thompson, 2023). Any kind of legislative alterations should show consistency to the mentioned intent of the proposition as well as its motives. Besides this, Labor Peace Agreements have also been initiated for any business organization comprising twenty or above employees should negotiate the agreement of labor peace with a suitable union. Employers will get the opportunity from the CUA Act to apply a wide range of techniques to enable disciplinary measures for employees who have applied marijuana when the utilization was in conformity with the legislation.

The statute should be amended by the legislature to offer safeguards for medical marijuana's actual utilization by registered users. It has been clarified by the amendment that utilization might not stand out as the foundation for employment termination. Nevertheless, it delivers employers interests to employ unimpaired individuals. Modificationsrelated to the employment of FEHAdenote processes within the recruiting procedure as well as forming decisions depending on the criminal conviction evidence or record of employees or applicants (Duff, 2015). These comprise alterations to whether employers necessitate directing a check of criminal history and if a similar thing is done, it should be ensured that they abide by all lawful necessities. Any claims of the Fair Chance Act shall also be investigated by the Civil Rights Department of Californiaproduced by the employee or an applicant. It specifies that few employers who are necessitated by legal rights for conducting background checks that are criminal in characteristics shall be exempt specifically from the rigid rules that govern the process in which they are carried out. The proposed alterations also specify information delivered by the employee or the applicant. This includes when serious information is being volunteered by them, it shall not be considered or utilized by the employer to deny any kind of conditional offer. Further, it shall only be granted just after producing the conditional offer (Kannlawoffice, 2024). The second one notifies providing an allowance to the applicant or employee for volunteering rehabilitationevidence after a preliminaryassessment is made by the employer for disqualifying them depending on their criminal history.

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