Today I’m
going to discuss about a case that happened in Colorado about a young man who
was tragically injured in a car accident and the only thing that could help relieve
his pain and muscle spasms was medical marijuana treatments. When Brandon Coats was 16 he was involved in a car accident that left his
upper spine crushed. He became paralyzed and has sporadic muscles spasm that
left him in pain and disruptive sleep. With
no help in the prescription drug industry Brandon turned to his last hope,
medical marijuana. He would only smoke at night to help sleep and never used
when he was on the job site. When one day his job, Dish Network, decided to do
a random drug test, Brandon failed and was terminated. This being said do you
think, if you are using medical marijuana, in the comfort of your home and have
the right documentations to use the drug, should your employer still be able to
terminate you over the drug test? It's been 25 years since the federal Drug-Free
Workplace Act was passed, creating requirements for federal government workers
and contractors. Many companies, including Dish Network, followed suit, and
today more than a third of private employers have drug-testing policies. My take on the whole situation, and you don’t have to agree
with me, is that if you have a visibly clear reason to why you use recreational
drugs and have the proper requirements to use those drugs then you should most definitely
be exonerated. Now if the employee was using at the workplace or doesn’t have
the right requirements then of course they should be terminated for wrongful
use in the workplace. But in Brandon’s case it should be qualified as a
disability protection. The standard urine test most
commonly used in employer drug testing measures the presence of THC — a
psychoactive compound in marijuana that persists in the body for days, weeks or
even longer. So a positive marijuana test doesn't necessarily mean the person
taking the test is high, or has even used the drug recently. This being
said if Brandon was using for medical reasons and there was low to none THC,
which there are, then should he be exonerated? Barry
Sample is director of science and technology for Quest Diagnostics, which
conducts millions of drug tests. He says there may eventually be intoxication
tests for pot that are more like the Breathalyzer's detection of recent alcohol
use. "It might be possible at some point, but it's still developing,"
So hopefully in the near future people like Brandon can be exonerated
from cases like this.
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