Unjust firings for Colorado marijuana users: inside a new fix
Not that Denver NORML is arguing in favor of on-the-job marijuana use being allowed. Instead, Golden’s language prohibits firing or penalizing a worker unless he or she “used, possessed or was impaired by marijuana during the hours of employment.”
“The first thing it would do is amend the unlawful prohibition of legal activities as a condition of employment, to clarify that legal activities include legal activities under Colorado law, such as adult marijuana use,” she notes. In addition, Person continues, Golden’s new text would amend the Discriminatory or Unfair Practices act’s references to “a positive drug test for metabolites of marijuana — because that’s what they’re testing for when someone has a drug test for cannabis. And that science is so antiquated.” Indeed, advocates have noted for years that traces of marijuana linger in the system of users for significant periods of time and can result in positive drug tests even for sober individuals. Note that way back in 2011, Westword cannabis writer William Breathes tested nearly three times over a .5 nanogram standard being floated for driving impairment even though he’d last consumed cannabis fifteen hours earlier, prior to a full night’s sleep. The latter can be determined by what Person calls “impairment testing” — a protocol developed by a metro-area firm called Predictive Safety. “It’s so much smarter for businesses to use impairment testing in 2018 instead of the old urine-dipstick method,” she allows — and to prove it, Predictive Safety will offer live demonstrations of its approach at the Colorado State Capitol for NORML’s upcoming lobby days, the next of which will take place on February 21.