Ever since, marijuana has been legalized in various states so many issues has been raised such as likes and dislikes, hiring and firing, smell and smell free, smoke and smoke free between smokers and non-smokers, employee and employers, even in some states it has become a big issue and a big battle has been fought between employee and employer in the court of justice. Even though all the courts of justice, whether it be a local court or trial court or Supreme Court of state all judgment have been favored to the employer because of the company policies which is a legal right of employer to set it for company itself. For instance, a law suit has been filed against the company called “Dish Network” by Mr. Coates.
Even though Mr. Coates, has a
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Thus, some states permitted and most of them not and some of them are considering whether or not to make their state a marijuana free state and at the same time they are monitoring the pros and cons of its legalization and an impact on local population and the state economy and pot head versus not pot head and also at the same time they are focusing on legal issues as it can be seen in those states where marijuana has been legalized and employers has been challenged in the court of justice. Which is a stressful as well as costing time and money also losing the market value and reputation in the society for those company or employers who have been challenged and faced several allegations; regardless of their winning or losing the case in the court, one thing for sure that they lost time and money and reputation in the society and stressful days until case has been settled and some states also in favor of plaintiff bit due to its contradictory they did not make the decision for the plaintiff but had the hard words for employer. A classic example can be seen which took place in …show more content…
Noffsinger filed a lawsuit against SSC Niantic Operating Company LLC. In the lawsuit he said company doesn’t protect patients and allows patient to use marijuana or cannabis legally as a medicine use and at the same time “Bride Brook Nursing” and rehabilitation centre also urged that the federal Schedule-I classification of cannabis under the control substance Act provides a legal basis for its decision to rescind a job offer after a prospective employee failed a drug test, but justice Jeffrey Alker Meyer (judge of federal district court) he disagreed and prospected that the plaintiff which uses marijuana for medical purpose under the state law should have right to continue his employment and should not be discriminated. Though it’s a contradiction with the federal and compliance with the state in a certain medical condition which rehabilitant to the patient and making him/her as a normal person by using marijuana.
There is an another case took place at the same state of Connecticut of Katielin Noffsinger who suffered a lot from post traumatic stress disorder who started taking THC capsule with recommendation by her doctor and takes every night that help her sleep, now the case is before she hired and when drug test is scheduled for her she already informed to the employer that she is a patient and has a physical authorized to marijuana or cannabis use as a
What legal issues were decided by the Court in this case? The legal issues were decided by the court in this case were one, whether a drug injection against a patient’s will considers a battery and, two, whether it goes against the Ariozna constitution as a repeal of a patient ’s right to collect for personal damages through common
In a civil trial, it is the duty of the judge or jury to examine the evidence, and determine if the defendant should be held legally responsible for allegations presented by the plaintiff. As we analyze the case of Norma Gilo versus The Department of Corrections, we will discuss the allegations, positions of each party, and laws involved to factually support allegations and refutes. Before we can analyze the case of Norma Gilo versus The Department of Corrections, we must first understand the positions of each party and the allegations that uniquely makes the case. Norma Gilo, the plaintiff, requested legal action against her former employer, The Florida Department of Corrections, alleging that she was fired because of: (1) Gender Discrimination,
While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, it would carry out an undue hardship that even with the accommodation.
If the private drug rehabilitation center was on a Native American protected land then it might not have been so wrong. Even if 80 million members of the Native American religion were discussed in depth during the case I believe the Supreme Court would make the same ruling based on the facts. The land was privately owned by someone not of the religion, it was a drug rehabilitation center where people go to get kicked off of drugs and not to be around it and be tempted to do drugs again and Smith and Black were let go because they broke the companies’ rules and the State law. If the Supreme Court voted differently than it might have been because of religious rights. It was in their religious right to smoke peyote, so for them to smoke peyote anywhere might be protected by the First Amendment and the fact that the government fired them because they where practicing their religious rights might have been
Legalizing marijuana isn’t as great as it may seem, for some people. One thing that is required to get a good job is a drug test. If marijuana is legal then there is a good chance that the unemployment rate will increase. Whether it is legal or not, it is still drug that can inhibit the performance of the employee. Companies are not going to endanger the other workers and their customers because someone wants to be able to get high, legally, before or during
Before anything the citizens need to know what’s wrong these major companies and why these aren 't and are being passed. Marijuana has major benefits and will do great in society. Many things for healthcare and our planet can benefit from
Cancer, glaucoma, HIV/AIDS, Parkinson’s Disease, Epilepsy, Multiple Sclerosis, and Crohn’s Disease, among many others, all have one thing in common: They are all diseases that have been proven to react positively to the administration of cannabis sativa, otherwise known as medical marijuana. The quandary of whether or not marijuana should be used for medical purposes has been an ongoing debate in American politics for ages. Since California became the first state to authorize the use of prescription cannabis in 1996, 22 states, as well as the District of Columbia, have joined the club (Medical Marijuana, 2016). However, in many of these states, employers have the authority to fire an employee if they fail a drug test, regardless of if the employee
Smith challenged this and claimed that the prohibition on non-dried forms of medical marijuana infringes his section 7 right of
Marijuana Legalization Whether marijuana should be allowed to be advertised legally in states where it is accepted still remains a concern. While federally illegal, states where it is legal argue that they should be allowed to advertise their product in order to reach a profit in their business. In this essay, I will argue the positive and negative outcomes of legalizing marijuana to be advertised in the states it is allowed in order to understand the effect on society more fully. While marijuana might be rejected by others in the community of the states where it is legal, some have decided to make this product their business and, furthermore, made this their way of living. According to ethics, it is ethically suitable for a business to
These people claim that smoking marijuana is harmful to the lungs and brain development of teenagers. Cigarettes have the same, if not greater, damaging effect on human lungs yet the government does not infringe upon Americans’ right to take such health risks. Although there have been no scientific study to validate that smoking marijuana damages brain development, a simple resolution would be to make the legal age for smoking and possessing marijuana in the mid 20’s when the brain is completely developed. The argument of the dangers of marijuana can also be made for the opposing side. Illegal and unregulated marijuanna posing far more dangers to people than if marijuana was regulated by the government.
People in these states are worried about their safety, not only in work environments, but with users driving while under the influence. The accident rates with drivers has increased almost by double with marijuana usage. Because the laws are not specific on employers hiring people that are using marijuana for medical reasons it is unclear as to whether users will be hired and if employers can test for this drug as a pre-employment requirement as has been policy in the past. It is proven that the motor vehicle accidents from 2012 to 2016 were about 3% higher in the states with legalized marijuana then states that do
According to the Quest Diagnostics Drug Testing Index, positivity rates have increased from 2.6 percent in 2014 to 4 percent in 2015 (“Drug Positivity,” 2016). Marijuana positivity rates in the general U.S. workforce increased by 25 percent, and the overall positivity rates increased by 47 percent, which was mainly due to double-digit marijuana positivity rates (“Drug Positivity,” 2016). This poses a real problem for employers because marijuana users are more likely to file workman compensation claims, cause harm to themselves and others, and not show up to work (Kirchoff, 2015, p. 16). In order to reduce workplace injuries and workman compensation claims employers must implement effective drug testing methods.
Today the demands are changing in different states. In States such as Colorado and Washington, marijuana has been legalized for recreational use. This move raised several questions as far as decriminalization of marijuana is concerned. Besides portraying the US in a bad light, legalization of marijuana for recreation increases the risk of developing mental problems, increases government expenditure on public health, jeopardizes the future of children, and is a gateway to other dangerous drugs. Increased health problems and public health expenditure-
Medical marijuana in the state of Texas is one of the major issues whose legislation has raised many concerns across the US. Besides the legislation involving Texas as a State’s medical marijuana have always raised a lot of concern in the US because of their controversial nature. These legislations have not only affected the federal laws but also the laws of several states in the US. This paper provides a detailed Texas's legislation on marijuana, and the equivalent legislation by the federal
This argument has no good premise. Did we forget that Marijuana is known to impair judgment and compromise decision-making. What happens to citizens driving after smoking? What happens when employees show up to work still high? What happens to children when they get an easier access to such a “medicine”.