Pubdate: Sat, 27 Oct 2012
Source: Denver Post (CO)
Copyright: 2012 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Steve Raabe

LEGAL POT IN COLORADO RAISES JOBSITE ENFORCEMENT QUESTIONS

Amendment 64 Employers hazy about legal pot

Amid business-sector debate over legalizing marijuana, one concept
seems certain: Lawyers will have plenty of work if Amendment 64 passes.

The influence of legal pot on economic development, taxes and job
growth is the fodder of position papers from proponents and opponents.

But high among the concerns of business groups is how employers could
enforce workplace drug policies.

The gray areas of employment law that already exist with medical
marijuana in Colorado will become grayer if pot is legalized, they
say.

Both sides of the issue agree that the ability of an employer to fire
a worker for using marijuana during work hours is beyond dispute.

But what about employees violating company drug policies by smoking
legal marijuana after work?

"If it passes, I can foresee it being more difficult to terminate an
employee for off-duty usage," said Curtis Graves, a staff attorney
with the Mountain States Employers Council.

Court rulings have determined that Colorado's medical-marijuana law
doesn't make use of pot legal but merely decriminalizes it for
permitted medical-marijuana patients.

That status gives employers more leeway in the ability to fire, or not
hire, workers who test positive for marijuana, even if medically
allowed and consumed off-duty.

"But if it becomes legal, that gets turned on its head," Graves
said.

Proponents of Amendment 64 say employer concerns are unfounded because
the measure states that nothing in the law will "affect the ability of
employers to have policies restricting the use of marijuana by employees."

Supporters say the positives of legalizing marijuana include creating
at least 350 jobs and initially generating $47 million a year in new
tax revenue. Tax collections would increase to $100 million annually
in later years, according to one study cited by proponents.

"I think the numbers would be huge," said Wanda James, a Denver
restaurant owner who proposes to open a "marijuana grocery store" if
the amendment passes. "I see it being a major positive factor in
Colorado business. Why would you be against business and jobs and tax
revenue? It just doesn't make any sense."

But Colorado's image would suffer, business productivity would drop
and prospective relocating companies might be scared away, say leaders
of business groups.

"We have a very well-educated workforce, and we're a hardworking
state. That's our No. 1 selling point," said Kelly Brough, chief
executive of the Denver Metro Chamber of Commerce. "We don't think
(Amendment 64) reinforces the brand."

Tami Door, president of the Downtown Denver Partnership, said she
already has received questions about the measure from new business
prospects.

"I don't believe there are any positives coming from it," she said.
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MAP posted-by: Matt