Privacy

RSS Feed for this category

Fired for Taking Legal Drugs? Why Drug Tests Don't Always Work

Should people who take legally prescribed painkillers on the job be fired for failing a drug test? What companies consider an effort to maintain a safe work environment is drawing complaints from employees who cite privacy concerns and contend that they should not be fired for taking legal medications, sometimes for injuries sustained on the job.
Publication/Source: 
TIME (US)
URL: 
http://healthland.time.com/2010/10/25/fired-for-taking-legal-drugs-why-drug-tests-dont-always-work/

California Chamber of Commerce in Anti-Prop 19 Radio Attack Ad Campaign

The California Chamber of Commerce has begun a $250,000 radio ad campaign against Proposition 19, the tax and regulate marijuana legalization initiative. The first ads hit the airwaves last Friday, the business group announced in a statement.

Here is the Prop 19 language that has the Chamber so bestirred: "No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected."

The Chamber wants employers to continue to be able to fire workers for failing a drug test for marijuana, even though such test do not measure actual impairment, but only the presence of metabolites in the body. Those metabolites can remain for days or even weeks after the psychoactive effects of marijuana have worn off.

"Imagine coming out of surgery and the nurse caring for you was high or having to work harder on your job because a co-worker shows up high on pot," intones a woman's voice in the ad. "It could happen in California if Proposition 19 passes. Prop 19 would do more than simply legalize marijuana.  Prop 19 is worded so broadly is would hurt California's economy, raise business costs and make it harder to create jobs."

The Chamber has prepared a legal analysis that argues that Prop 19 would create a "protected class" of pot-smoking workers, and "expose workers to increased risk of injury, jeopardize federally funded projects and jobs, and add more liabilities and costs to already overburdened employers." 

"The employer impacts and workplace safety concerns highlighted in CalChamber’s legal analysis have been prominently featured in the many statewide editorials opposing Proposition 19," said Allan Zaremberg, president and CEO of the California Chamber of Commerce. "We want to be sure we reinforce the facts with voters so they understand that this measure will undermine the ability of employers to ensure a safe work environment and create higher costs for those who provide and create jobs."

In addition to the Reefer Madness-style fear-mongering already cited, the Chamber ad falsely claims that "employees would be able to come to work high, and employers wouldn’t be able to punish an employee for being high until after a workplace accident," when the initiative clearly states they can sanction actual impairment.

It's the final stretch in the campaign, and big business has begun the mud-slinging.

CA
United States

Doctor Calls Ontario's Methadone Program Oppressive and Discriminatory

Location: 
ON
Canada
A Toronto doctor says Ontario's methadone program for addicts is "oppressive" in the way it discriminates against patients and forces them to give up their privacy. Patients who are prescribed methadone for addiction to drugs such as heroin or morphine are shackled to the health-care system and must sign away their privacy rights in exchange for treatment, Dr. Philip Berger told a legislative committee.
Publication/Source: 
Winnipeg Free Press (Canada)
URL: 
http://www.winnipegfreepress.com/life/health/doctor-calls-ontarios-methadone-program-oppressive-and-discriminatory-105215519.html

Eating Poppy Seed Bagel Leads to Drug-Related Baby Seizure

Location: 
PA
United States
The American Civil Liberties Union is representing a western Pennsylvania woman who says her newborn baby was seized by county welfare workers after she failed a drug test because she ate a poppy seed bagel.
Publication/Source: 
The Associated Press
URL: 
http://www.google.com/hostednews/ap/article/ALeqM5hnmXylMUhxzpYh7j6z-yfLVF7GSQD9IRGCT00?docId=D9IRGCT00

English Soccer and Cricket Unions Want to Stop Recreational Drug Testing

Location: 
United Kingdom
The player unions representing soccer players and cricketers in England have called for recreational drugs to be removed from the World Anti-Doping Agency's prohibited list. "For the number of players who have tested positive for cocaine, the consequences are far from performance-enhancing and the outcomes in the majority of cases have been very negative," said John Bramhall, deputy chief executive of the Professional Footballers' Association. Ian Smith, the Professional Cricketers' Association's legal director, agreed that recreational drug use isn't usually about gaining an unfair advantage, saying "Marijuana is not a big issue with cheating in sport -- let's get it off the (WADA) list."
Publication/Source: 
ESPN (CT)

Portland Wants Random Drug Testing of Officers

Location: 
Portland, OR
United States
The union representing Portland police officers is pushing back against a proposal that would require random drug testing of police officers. Portland Police Association attorney Will Aitchison said the random testing proposal would violate the officers’ right to privacy.
Publication/Source: 
The World (OR)
URL: 
http://www.theworldlink.com/news/local/article_66055dd2-cfd6-11df-b9b5-001cc4c03286.html

Big Brother to Watch Over Medical Marijuana in Colorado?

Colorado is proposing to enact a medical marijuana tracking system in which everything from marijuana grows to patient purchases to the manufacture of pot brownies would be under constant remote video surveillance where agents could monitor it all. The proposal is giving medical marijuana advocates the creeps.

http://stopthedrugwar.org/files/big-brother-poster.jpg
The proposal comes in the form of draft regulations promulgated by the Department of Revenue's new Medical Marijuana Enforcement Division. The division was created by legislation passed this year and signed by Gov. Bill Ritter (D) on June 7. Its purpose is to strengthen oversight over Colorado's growing medical marijuana industry.

The system would be the first in the country to track medical marijuana "from seed to sell," Julie Postlethwait, a spokeswoman for the division told the Denver Channel. The goal would be to prevent people using forged medical marijuana cards and to quickly track down pot contaminated with mold or marijuana food protects that are tainted. "We want to protect the patient. This is medicine," Postlethwait said.

"This in the long run legitimizes and helps the industry," she added. "They're caregivers. They want to provide the best quality medicine out there."

But medical marijuana advocates criticized the proposal as costly and overly intrusive.

"There is no conceivable justification for this system," said Robert Chase, a leader of the Colorado Coalition for Patients and Caregivers. "It goes beyond the systems that we use to control opiate narcotic drugs, which are demonstrably much, much more dangerous. There are valid concerns about the Big Brother issue," Chase said.

Chase pointed to other provisions in the draft proposal requiring medical marijuana to be transported in tamper-proof containers and to make growers and dispensary employees provide fingerprints at each step in the supply chain.

"It's a highly intrusive process of having to give fingerprints and being under constant video surveillance. It invokes George Orwell's '1984,'" Chase said. "The whole thing is preposterous," he said.

The draft regulations are not a done deal; indeed, they are very much a work in progress. The division has formed a working group of medical marijuana growers, providers, caregivers, patients, doctors, and law enforcement to continue to work on the draft rules.

The Medical Marijuana Work Group will hold hearings on October 4 and 21 in Lakewood. The public can attend, but not address, those hearings.

CO
United States

City Apologizes for Worker’s Unlawful Drug, Alcohol Tests

Location: 
Pawtucket, RI
United States
The City of Pawtucket has agreed to apologize to one of its employees and to pay her legal fees after she sued over its drug testing policy. Random testing is not allowed, the ACLU said in a news release. Sinapi said that the ACLU will take action against other employers if they require testing not approved by state law.
Publication/Source: 
The Providence Journal (RI)
URL: 
http://www.projo.com/news/content/PAWTUCKET_SETTLES_DRUG_SUIT_09-24-10_A4K1OO4_v6.2076c27.html

Parent: Quaker Son Shouldn't Need School Drug Test

Location: 
PA
United States
The parent of a central Pennsylvania high school student wants her son exempted from random drug testing because integrity is a tenet of the teen's Quaker faith.
Publication/Source: 
Centre Daily Times (PA)
URL: 
http://www.centredaily.com/2010/09/22/2225556/parent-quaker-son-shouldnt-need.html

Family Sues in Missouri Dog-Shooting SWAT Raid

The Columbia, Missouri, family whose dogs were shot during a Columbia Police SWAT raid in February, video of which went viral on the Internet, filed a federal civil lawsuit Monday against the City of Columbia and 13 other defendants in US Western District Court in Jefferson City.

(click link above to view)
The raid, in which police expected to find a large quantity of marijuana and other evidence of drug dealing, turned up a miniscule amount of marijuana and a pot pipe. Jonathan Whitworth was originally charged with possession of marijuana, possession of drug paraphernalia and second-degree child endangerment, but in a plea agreement, pleaded guilty to the paraphernalia count, and the other charges were dropped.

The suit was filed by Columbia attorneys Milt Harper and Jeff Hilbrenner on behalf Jonathan and Brittany Whitworth and her seven-year-old son. It alleges that SWAT team members broke down the door, discharged weapons as they entered and again as they shot and killed one dog and wounded the other. It also alleges than Jonathan Whitworth was kicked by an officer as he lay on the floor at gunpoint, and that Brittany Whitworth and her child were held at gunpoint sitting on the floor in view of the child's dead dog.

"Defendants had no reason to use deadly force or any other force upon entering the Whitworth home," the complaint charges. "Defendants were all armed with assault weapons and side arms and other weapons. Jonathan Whitworth, Brittany Whitworth, and P. M. [the child] were not armed, were not violent, were not resisting and were no threat to Defendants or anyone else. The two pet dogs were no threat to anyone and there was no reason to use assault weapons on those two animals. Defendants, under color of law, deprived each Plaintiff of rights secured under the Constitution and laws of the United States. Defendants conspired to deprive each Plaintiff of rights secured under the Constitution and laws of the United States. Defendants refused or failed to prevent the deprivation of Plaintiffs' rights secured under the Constitution and laws of the United States."

The lawsuit seeks restitution for bullet hole and door damage to the Whitworth home, as well as medical and veterinary expenses for the dead and wounded dogs. It is filed against the officers who were on the scene.

"This is all about demanding professionalism from our law enforcement agencies," Harper said Monday. "I think when they considered the 7-year-old and the fact that he had to have counseling, pay vet bills for an injured dog and the loss of another, along with repairs to the home and the trauma of that night, they made the decision that this needed to be done," Harper said.

"Our department will discuss the matter with our risk management office and legal office and be able to comment further once we've had a chance to do that," Columbia police spokeswoman Officer Jessie Haden told the Columbia Tribune Monday afternoon. "Whatever we're able to discuss publicly and legally, we will. This incident has received an enormous amount of attention locally, and it is our intention to make the public as informed, with accurate information, as we can, without compromising the legal process."

The raid and heated public response to it has led to repeated public hearings in Columbia, and the department moved quickly to review and revamp its policy regarding the use of the SWAT team on search warrants. But it will likely have to pay for its errors in the Whitworth raid.

Columbia, MO
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School