Pubdate: Wed, 06 Oct 2010
Source: Steamboat Pilot & Today, The (CO)
Copyright: 2010 The Steamboat Pilot & Today
Contact: http://www.steamboatpilot.com/submit/letters/
Website: http://www.steamboatpilot.com/
Details: http://www.mapinc.org/media/1549
Author: Jack Weinstein

MANY STEAMBOAT EMPLOYERS SAY THERE IS NO NEED FOR MARIJUANA-SPECIFIC POLICIES

Steamboat Springs -- In the fast-evolving world of medical marijuana, a
doctor's recommendation might protect you from law enforcement, but it
won't protect you at work.

Many of Steamboat Springs' larger employers don't have policies
related specifically to medical marijuana. And many of them said
they've yet to deal with issues related to employees who have been
authorized by the state to use marijuana for medicinal purposes.

That is true for the city of Steamboat Springs, Human Resources
Director John Thrasher said. Because of the city's existing drug and
alcohol policy, which prohibits substance abuse, he said Steamboat may
not have to.

"It really is sort of an oddball one because it's not an
over-the-counter medication," Thrasher said about medical marijuana.
"It's not prescribed by doctors. Under federal law, it's a controlled
substance and according to that, if being abused, you can't come to
work doing that."

Colorado voters approved Amendment 20 in 2000, making the use of
medical marijuana legal for patients with certain conditions and a
doctor's recommendation. Since 2009, it's estimated that more than
100,000 Coloradans have been approved to use medical marijuana.

Amendment 20 doesn't provide protections for employees. Instead, it
states: "Nothing in this section shall require any employer to
accommodate the medical use of marijuana in any workplace."

Despite that, medical marijuana advocates said they'll work with state
legislators -- who this year approved two pieces of legislation that
were signed into law in an attempt to better regulate Colorado's
burgeoning medical marijuana industry -- to get protections for
employees approved to use the drug.

"We plan on pushing a patients' bill of rights," said Brian Vicente,
executive director of Sensible Colorado, an advocate for medical
marijuana patients. "That would be focused on establishing some
protections for patients that have been kind of whittled down in the
law."

No. 1 on Vicente's list for the upcoming legislative session is
employment protections.

Of the 14 states where medical marijuana is legal, only Rhode Island
provides protections for employees, students and renters, who can't be
penalized for their status as medical marijuana cardholders.

Colorado Attorney General John Suthers said that there have been no
legal challenges to the employee provision in Amendment 20 but that he
thinks that's bound to change.

"One wonders when you've got a couple hundred thousand people with
these permits in the workplace whether somebody's going to allege,
'You have to accommodate me,'" Suthers said. "We'll see."

Amendment 20 also states that no governmental, private or any other
health insurance provider should be held liable for a claim to
reimburse a patient for the use of medical marijuana.

Like the city, which employs 275 full-time workers, many of
Steamboat's larger employers said they have no specific provisions in
their drug policies related to medical marijuana. Most take a
zero-tolerance approach to all controlled substances whether
recommended by a doctor or not.

Christine McKelvie, spokeswoman for Yampa Valley Medical Center, which
employs about 550 people, said the hospital's policy is to maintain a
drug- and alcohol-free workplace.

"Our policy includes controlled substances, prescription substances,
over-the-counter medications and alcohol," she said. "What the policy
is intended to do and what we apply it toward is a safe environment
for our patients, our long-term residents, co-workers and employees
themselves. We don't tolerate impairment regardless of the source."

The policies for Steamboat Ski and Resort Corp., which employs about
1,900 people, including part-timers and volunteers during winter, are
intended to provide a drug-free workplace, Trish Sullivan, vice
president of human relations, said in a statement.

"Marijuana possession and use was and remains illegal under federal
law regardless of state statutes to the contrary, and our policies
must continue to reflect that," she said.

Thrasher said the city's drug and alcohol policy requires that some
employees, such as bus drivers, take pre-employment drug screenings.
He said employees are subject to random testing if their supervisor
has "reasonable suspicion" they are abusing drugs or alcohol. Thrasher
added that if an employee is caught using drugs or alcohol at work or
tests positive, the city can take disciplinary action up to and
including termination.

He said it's going to be interesting as more of Colorado's work force
is approved to use medical marijuana. As it stands, he guesses most
employers are scratching their heads about how to address it.

"I think employers have to be careful because we do have concerns
about productivity, workplace safety," Thrasher said. "We're going to
take the stance that if someone is under the influence of any drug,
prescribed or otherwise, we're going to take action. That's what it
boils down to."  
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