Pubdate: Thu, 30 Jun 2016
Source: Manteca Bulletin (CA)
Copyright: 2016 Manteca Bulletin
Contact:  http://www.mantecabulletin.com/
Details: http://www.mapinc.org/media/3670
Author: Dennis Wyatt, Editor

BEFORE YOU VOTE TO SEND CALIFORNIA TO POT . . . .

It sounds like a pothead's nirvana. California voters legalize 
recreational marijuana in November and the good times start rolling. 
Life can't get better, right? Enjoy a joint or two, get the munchies, 
and call for pizza delivery.

Sounds sweet except for one little problem. In time - as things stand 
now - it is highly likely that a lot of pizza places will stop 
delivering pizza or else jack up the price. That's because passage of 
recreational marijuana in November will eventually trigger more 
random drug tests.

The reason is simple. All it takes is for one big time damage award 
resulting from an accident caused by a delivery driver who tested 
positive for marijuana in their system - it lingers for up to 28 days 
- - and insurance companies will send premiums sky high. The 
alternative, of course, would be monthly random drug tests which can 
get a bit expensive.

But, you argue, this hasn't happened elsewhere. I've got bad news for 
you. As singer Larry Gatlin noted in his Top 40 hit "All the Gold in 
California", it doesn't matter where you've played before California 
is a brand new game.

Tort law in the Golden State - along with workmen's compensation 
guidelines - are on steroids compared to the other 49 states.

Even if you don't approve of marijuana use especially for 
recreational purposes but have libertarian leanings, voting for 
legalizing it is still pure insanity.

That's because approval in November would not happen in a vacuum. It 
will not automatically suspend driving under the influence laws, 
workplace regulations, liability rules, or workmen's compensation 
policies relative to marijuana use.

Argue all you want but marijuana impacts motor skills and reaction 
time. If something makes you mellower it isn't making you sharper. 
Alcohol starts to dissipate hours after it is consumed. Traces of 
marijuana linger for up to 28 days. Granted, there may end up one day 
be a test that can be used to set a legal limit for traces of pot in 
your system but it isn't in place today. Plus, like with alcohol, you 
could still suffer criminal and civil damages for levels below the 
legal limit if it is determined in a court of law your reaction had 
been compromised and you were under the influence.

If you don't think legalizing marijuana won't trigger liability 
lawsuits then you are ignorant of California's unique playing rules 
and haven't spent much time in a room with a personal injury lawyer.

And if you naively believe politicians in Sacramento will amend 
liability and other laws to accommodate your new legal habit, you 
need to stop inhaling.

Republicans aren't prone to make such changes to benefit pot users 
and Democrats get a big chunk of their campaign money from lawyers, 
insurance companies and large corporations.

Go ahead. Don't be pragmatic. Vote to put the cart in front of the horse.

Pizza delivery is just one instance. There are trucking firms, 
employers that use forklifts, jobs that use equipment that can maim 
and kill if not used properly, and even Uber drivers.

Drug tests - although they may be random - will become the norm in a 
lot of industries and much more frequent. It's called self-preservation.

You may start using marijuana recreational once it becomes legal - or 
use it more frequently.

You might assume you can't lose your job if its legal and you test 
positive for it being in your system. Guess again. Courts in Colorado 
- - the home of legal Rocky Mountain recreational pot highs - have 
unanimously upheld state laws allowing employers to fire workers that 
test positive for marijuana.

Governor Jerry Brown - in responding to a reporter's question a few 
years back about legalizing recreation marijuana use - said that the 
last thing California needed was a stoned workforce.

Lt. Gov. Gavin Newsom, who is using legalizing marijuana as the 
vehicle he wants to ride to replace Brown as governor, is not 
pragmatic. And why should he be? After all he openly defied state law 
on gay marriage when he was mayor of San Francisco. But there's a big 
difference between the legal marital status of people and actions 
that expose employers, fellow workers, and others to risk and liability.

There are also real issues of federal consequences. And while those 
can be avoided by the most part if the Department of Justice opts to 
not prosecute for low level use, the use of it can still slam the 
door on many employment opportunities under federal law.

If you still say you're voting for legalizing marijuana and don't 
care if you have to drive to Domino's to get your pizza instead of 
being able to have it delivered, be careful not to get in a serious 
accident. Come back positive and you may find your insurance rates soaring.

That could happen now but it doesn't very often. But once two things 
are clear - insurers have increased liability and marijuana users 
become a bigger risk to represent - if you have any trace of 
marijuana in your system when you are in an accident your rates will 
go into orbit or you may find yourself without insurance.
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MAP posted-by: Jay Bergstrom