Employment

RSS Feed for this category

Chronicle AM -- February 6, 2014

A slight majority in Rhode Island say legalize it, CBD medical marijuana bills are popping up in several states, Uruguay's marijuana-legalizing president gets a Nobel Peace Prize nomination, and more. Let's get to it:

Uruguayan President Jose Mujica has been nominated for the Nobel Peace Prize (gob.uy)
Marijuana Policy

Oregon Bill to Study Legalization Advances. A bill that would direct the state Department of Justice to examine laws to see what changes would need to be made in the event of marijuana legalization passed the House Judiciary Committee Wednesday. That bill is House Bill 4099, which now moves to the Budget Committee. This is not the bill that would have the legislature put an initiative on the November ballot. That bill is Senate Bill 1556.

Slight Majority Supports Legalization in Rhode Island Poll. A Public Policy Polling survey commissioned by the Marijuana Policy Project has support for legalization at 53%. The poll also found that 38% thought marijuana was safer than alcohol, compared to 21% vice versa. Another 21% thought the two were equally dangerous, while 20% said they didn't know. Click on the title link for the poll results.

Medical Marijuana

Alabama CBD Bill Wins Committee Approval. The Senate Judiciary Committee Wednesday approved a bill that would allow for the use of cannabidiol (CBD) for certain medical conditions, including seizures, severe or chronic pain, or "any other condition that is severe and resistant to conventional medicine." The bill is Senate Bill 174, which now goes to the full Senate.

CBD Bill Filed in Kentucky. State Sen. Julie Denton (R-Louisville) and eight cosponsors Wednesday filed Senate Bill 124, which would allow the use of CBD cannabis oils for children with epilepsy.

Public Hearing Next Tuesday on Oregon Local Control Dispensary Bill. There will be a public hearing in the Senate Judiciary Committee next Tuesday on Senate Bill 1531, which would allow local government to regulate or ban dispensaries. The bill is supported by associations of state city and county governments, but opposed by medical marijuana supporters. The legislature voted last year to approve a system of statewide dispensary regulations, which will begin to take effect March 1.

Americans for Safe Access Seeks Petition Signatures to Boost Effort on Organ Transplants for California Medical Marijuana Patients. Americans for Safe Access is seeking to show support for possible legislation protecting California medical marijuana patients who may need organ transplants. Hospitals and doctors have been reluctant to okay transplants for medical marijuana patients, whom they deem drug abusers. Click on the title link to get to the petition.

Rhode Island Attorney General Chides Dispensary on Advertising. In a Wednesday press release, Rhode Island Attorney General Peter Kilmartin chided the Thomas C. Slater Compassion Center for recent email advertising campaigns offering discounts and special holiday packages. "Can you imagine the public outcry if the local pharmacy started offering [half] off Oxycontin or medicinal drugs?'' Kilmartin said. "Compassion centers should be held to the same standard and should be prohibited from offering discounts or sales on medicinal marijuana.'' The dispensary said it would stop advertising its products.

International

Uruguay's Marijuana-Legalizing President Mujica Nominated for Nobel Peace Prize. Uruguayan President Jose "Pepe" Mujica has been nominated for the Nobel Peace Prize. He was nominated by members of his own Frente Amplio political party, as well as a Dutch NGO, the Drugs Peace Institute. His supporters cited his pioneering policy of legalizing and regulating marijuana commerce.

Peru Says Still Committed to Eradicating 75,000 Acres of Coca in the VRAEM. Carmen Masias, head of the Peruvian anti-drug agency DEVIDA, said Tuesday the Peruvian government remains committed to eradicating 75,000 acres of coca crops in the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM). The area accounts for more than half of all Peruvian coca production. [Ed: Historically coca eradication has merely shifted growing from one area to another -- causing deforestation in the process. A recent report highlighted the impact drug trafficking (not growing, but a similar idea) has on forests, and the author suggested reforming drug policies.]

Australia's Victoria Plans Construction Site Drug Testing; Union Strongly Objects. Victoria Premier Dennis Napthine said Thursday he would require construction companies to implement strict alcohol and drug testing policies to qualify for government contracts. The main construction union, the Victorian Construction, Forestry, Mining, and Energy Union (CSMEU) condemned the move as a "slur" on construction workers, saying there was no evidence that people in the industry had any more drug problems than anybody else.

Iranian Meth Offender Survives Execution, Gets Sentence Reduced to Life. An Iranian man who was revived in the morgue after being hung for possessing a kilo of meth has been granted a reprieve by the Iranian amnesty commission. The man, identified only as Alireza M., 37, instead will now be sentenced only to life in prison. The man's revival after execution raised thorny questions for Iranian jurists and clerics about whether he should be re-executed or not.

Medical Marijuana Update

The Colorado Supreme Court will take up an important medical marijuana employment rights case, Connecticut selects marijuana producers, Massachusetts gets ready to announce who gets dispensaries, California localities keep moving to restrict cultivation, and more. Let's get to it:

California

Last week, Fremont delayed moving ahead with a ban on visible outdoor grows. Police and city planners had hoped to enact the ban, but the Planning Commission raised concerns about the hazards of indoor cultivation if growers are all pushed indoors. "With indoor cultivation, there are increased fire hazards, more spikes in illegal electricity use that is off the grid, and increased environmental degradation, such as mold," said Commissioner David Bonaccorsi. The Planning Commission voted 4-3 last week against the plan, but that vote is not binding, and the city council could approve the ban at its February 11 meeting.

On Tuesday, the Shasta County board of supervisors voted to ban all outdoor grows. The vote was unanimous and goes into effect in 30 days. The move also restricts indoor grows to 12 plants or fewer. The board had originally proposed allowing outdoor grows on parcels on 10 acres of more, but went for the tougher line after Sheriff Tom Bosenko told the supervisors that a complete ban on all outdoor grows would make it easier to enforce, saying that if someone saw a garden, then it was obviously illegal.

Also on Tuesday, the Butte County board of supervisors approved tough new grow rules for the second time. The rules would limit the size of medical marijuana grows to 150 square-feet on properties 10 acres or larger, 100 square-feet on properties five to 10 acres, and 50 square-feet on properties from a half-acre to five acres. On lots smaller than a half-acre, only indoor grows of less than 120 square-feet would be allowed in a building dedicated to the crop. The vote was unanimous. A final vote is set for February 11.

Colorado

On Monday, the state Supreme Court said it would take up a medical marijuana employment case. Brandon Coats, a quadriplegic, was fired from his job for using marijuana during his off hours. The court said it would look not just at whether a special Colorado law that protects legal off-the-clock activities covers marijuana. For the first time, the court announced it will also look at whether Colorado's constitution gives medical marijuana patients a right to cannabis. Colorado's Court of Appeals has previously ruled that patients don't have a right to use marijuana and that employers can fire workers for any marijuana use.

Connecticut

On Tuesday, state officials announced the selection of four medical marijuana producers. Consumer Protection Commissioner William Rubenstein, joined by Governor Dannel Malloy, Lt. Governor Nancy Wyman and other officials, announced that four applicants have been chosen as the first-ever producers of medical marijuana to serve the needs of seriously ill patients in Connecticut. The anointed growers are Advanced Grow Labs, LLC of West Haven, Connecticut Pharmaceutical Solutions, LLC of Portland, Curaleaf, LLC of Simsbury, and Theraplant, LLC of Watertown.

Georgia

On Tuesday, a bill to allow epileptic children to use high-CBS cannabis oil was filed. State Rep. Allen Peake (R-Macon) said he was moved to file it after hearing from the parents of desperately ill children.

Massachusetts

On Monday, the Department of Public Health said it would issue licenses this week for up to 35 dispensaries. Under state law, each county can have up to five dispensaries.

Oregon

Last Thursday, the Ashland city council voted to allow dispensaries. It had previously enacted an ordinance effectively banning them by enacting a provision that allowed business licenses to be denied for unlawful activity.

Pennsylvania

On Tuesday, medical marijuana got a hearing at the legislature. The Senate Law and Justice Committee heard testimony on Senate Bill 1182. After emotive testimony, five more senators signed on a cosponsors of the bill.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM -- November 29, 2013

Uruguay's marijuana legalization bill passes another hurdle, a Berlin borough wants cannabis cafes, Chicago proposes tough medical marijuana regulations, Kentucky officials hound the DEA about hemp, and more. Let's get to it:

Is this the face of marijuana legalization? Uruguayan President Jose Mujica (wikimedia.org)
Medical Marijuana

Chicago Proposes Strict Medical Marijuana Regulations. Chicago officials have proposed regulations that would allow medical marijuana dispensaries and grows only in manufacturing districts, would limit the number of grows to 22, and would require that dispensaries and grows be at least 2,500 feet from a school, day care center, or residential area. Medical marijuana becomes legal in Illinois on January 1.

Michigan Appeals Court to Hear Cases on Unemployment Benefits. The Michigan Appeals Court has agreed to hear two cases to determine whether someone fired for using medical marijuana can collect unemployment benefits. Lower court judges have overturned state agency rulings denying the benefits, but medical marijuana foe Attorney General Bill Schuette argues that the law only protects people from criminal prosecutions, not civil penalties.

Hemp

Kentucky Officials Send Letter to DEA Requesting Clarification on Hemp. Kentucky officials have sent a letter to the DEA asking for clarification of its position on industrial hemp. Agriculture Commissioner James Comer, US Sen. Rand Paul (R), and US Reps. John Yarmouth and Thomas Massie want the agency to tell them whether growing hemp in states that have enacted a regulatory framework remains illegal. They point to the federal government's response to marijuana legalization and argue that hemp should be treated the same way.

Drug Testing

Idaho Supreme Court Upholds Drug Possession Conviction Based Solely on Drug Test. Idaho's high court Tuesday upheld the conviction of a woman charged with drug possession after blood from her newborn child's umbilical cord tested positive for methadone. The court held unanimously that the drug test result was probable cause to support a possession conviction.

International

Uruguay Marijuana Legalization Bill Wins Senate Committee Vote. Uruguay is one step closer to becoming the first country to legalize the marijuana trade after the Senate Health Commission voted Thursday to approve the bill. The government-supported legislation has already passed the lower house and is expected to win final approval in the Senate next month.

Cannabis Cafes Coming to Berlin? Legislators in the hip Berlin borough of Friedrichschain-Kruezberg voted Thursday to approve cannabis coffee shops there. The move is the brainchild of Green Party Mayor Monika Hermann, who proposed it in September. Now, the borough must get the German federal government to agree. Under Article 3 of the German Narcotics Act, sufficient public interest could lead to law changes, provided there is public support and backing scientific evidence.

European Cancer Docs Say Restrictive Laws Aimed at Drug Abuse Block Millions from Pain Relief. The European Society for Medical Oncology warned that half the world's population lacks effective access to pain relievers because of restrictive laws aimed at reducing drug abuse. The group's Global Opioid Policy Initiative survey estimated that millions of cancer patients don't have access to seven cheap medicines essential for pain relief, including morphine and codeine. Access to such drugs "is catastrophically difficult" in many countries, the report's lead author said.

British Tories, Lib Dems At Odds Over Drug Policy. Britain's governing coalition is at odds with itself over drug policy after the new Liberal Democrat drugs minister, Norman Baker, said earlier this week that marijuana legalization "should be considered." That caused Conservative front-bencher and Justice Minister Chris Grayling to clarify that he and the Home Office "won't be considering it."

Northern Nigeria Alcohol Crackdown Sees 240,000 Bottles of Beer Destroyed. In attempt to deepen a sharia law ban on alcohol imposed in 2001, but largely ignored in hotels and the city's Christian quarter, Islamic police in the northern city of Kano destroyed 240,000 bottles of beer. They chanted "God is great" as they did so, and the head of the religious police warned that they will put an end to alcohol consumption. Multiple bombings of bars in the Christian quarter in late July carried out by suspected Islamic militants who complained the government wasn't enforcing sharia law adequately left 29 dead.

Peru Eradicates Record Amount of Coca. Peru, once again the world's largest coca and cocaine producer, announced Thursday that it had eradicated a record 55,000 acres of coca, about one-fifth of the total estimated 250,000-acre crop. That's a 60% increase in eradication over last year. The government said the increase was due to tougher anti-drug efforts and a weakening of the Shining Path in coca growing areas.

Israel Medical Marijuana Use up 30% This Year. Medical marijuana use is up sharply this year in Israel, according to the Health Ministry, which released figures showing 13,000 patients were approved to us it this year, up from 10,000 last year. The increase comes as the government is working on a new proposal to regulate medical marijuana. The Health, Agriculture, and Public Security ministries are expected to present it within the next couple of weeks.

Unemployment Drug Test Bill Moving in Michigan

A bill that would deny unemployment benefits to people who refuse to take drug tests required by employers passed the Republican-dominated Michigan Senate last week and also advanced in the House, being approved by the House Commerce Committee on a 12-4 vote.

The bill, House Bill 4952, moved in the same week Republicans also pressed ahead with another bill aimed at the state's poorest residents, one requiring food stamp recipients and welfare beneficiaries to participate in community service or other work-related activities or be cut off from assistance. The Republican-led House earlier passed bills that would require drug testing for public assistance and cutting benefits if a child is truant from school.

Democrats and civil libertarians denounced the bills as part of the GOP's "war on the poor."

"Wholesale drug testing without suspicion is simply illegal," said Shelli Weisberg, spokeswoman for the American Civil Liberties Union of Michigan. "If we're going down the road of drug testing for people who receive benefits, then we better start drug testing legislators."

Rep. Jon Switalski (D-Warrant) offered an amendment to do just that, but it failed.

"If the majority feels that drug testing for people on the public dole is good policy, then it's clearly in the interest of good public policy to test all of us on the public dole," he said. "But this is a bill about the elections in 2014 and nothing else."

Anti-tax activist Bill McMaster wondered how the drug testing bill would impact the state's medical marijuana patients.

"It's somewhat mysterious to me that you're trying to eliminate the will of the people on the medical marijuana front," he said. "A good number of people are employed successfully who are using medical marijuana."

Lansing, MI
United States

Colorado Appeals Court Rules Employers Can Fire Marijuana Users

Colorado employers can legally fire marijuana users from their jobs, the state Court of Appeals ruled Thursday in a 2-1 decision. Although the case was brought by a medical marijuana user, the ruling will have any even broader impact given that the state has now legalized marijuana for all adults.

The case was Coats v. Dish Network LLC, in which Brandon Coats, a quadriplegic telephone operator for Dish Network and registered medical marijuana patient, was fired by Dish Network after testing positive for marijuana during a drug test. Paralyzed by a car crash as a teen, Coats had been a registered patient since 2009. Dish Network cited no other reason for firing Coats other than his positive drug test result.

Coats challenged his firing, citing Colorado's Lawful Activities statute, which prohibits employers from firing workers for "engaging in any legal activity off the premises of the employer during nonworking hours." But both the trial court and now the appeals court rejected his challenge, holding that because marijuana remains illegal under federal law, the Lawful Activities statute does not apply.

"For an activity to be lawful in Colorado, it must be permitted by, and not contrary to, both state and federal law," the appeals court said.

Judge John Webb dissented, saying he could not find a case addressing whether Colorado judges must consider federal law in determining the meaning of the Colorado statute.

Coats' attorney, Michael Evans, said in a statement that the ruling will have a broad impact in the state.

"This case not only impacts Mr. Coats, but also some 127,816 medical marijuana patient-employees in Colorado who could be summarily terminated even if they are in legal compliance with Colorado state law," Evans said.

And with adult marijuana legalization now in place in the state, it is not just medical marijuana users who stand to be affected.

The ruling is expected to be appealed.

Similar rulings allowing employers to fire medical marijuana users have been upheld by courts in other states, including California, Michigan, and Montana.

Denver, CO
United States

Kansas Governor Signs Public Benefits Drug Test Bill

Kansas Gov. Sam Brownback (R) Tuesday signed into law a bill that requires applicants for welfare and unemployment benefits to undergo drug testing if there is "reasonable suspicion" they are using drugs. People who test positive would have to undergo drug treatment and job training at state expense before becoming eligible for cash assistance.

According to Senate Bill 149, "reasonable suspicion" may be derived from "applicant's or recipient's demeanor, missed appointments and arrest or other police records, previous employment or application for employment in an occupation or industry that regularly conducts drug screening, termination from previous employment due to use of a controlled substance or controlled substance analog or prior drug screening records of the applicant or recipient indicating use of a controlled substance or controlled substance analog."

It is not clear why having worked or applied for a job in "an occupation or industry that regularly conducts drug screening" creates "reasonable suspicion" that someone is using drugs, but that's what the law says.

Gov. Brownback signed the bill during a Tuesday afternoon, saying the state had an obligation to its residents to help them break their addictions and improve their lives through treatment and job training.

"Drug addiction is a scourge in Kansas. This is a horrific thing that hits so many people," Brownback said. "What this effort is about is an attempt to get ahead of it, and instead of ignoring the problem to start treating the problem."

Critics of the bill, including the American Civil Liberties Union state chapter, argued that public benefits recipients don't use drugs any more frequently than anyone else, that such laws perpetuate existing stigmas, and that they unnecessarily invade privacy. But those arguments did not sway the legislature or the governor.

Topeka, KS
United States

Florida Must Pay Attorney Fees in Employee Drug Test Lawsuit

A federal judge has ordered the state of Florida to pay more than $190,000 in attorneys' fees in a case challenging an executive order ordering suspicionless drug testing of state employees issued last year by Gov. Rick Scott (R). Those taxpayer funds have now been lost to Scott's chimeric crusade to impose drug testing on various fronts.

http://www.stopthedrugwar.org/files/rick-scott-200px.jpg
Gov. Scott's controversial lawmaking has already cost Florida a million in legal fees.
Last Friday, US District Court Judge Ursula Ungaro ordered the state to pay attorneys' fees to the American Federation of State, County, and Municipal Employees (AFSCME) Local 79, which filed suit to block the executive order in May 2011. The union is the plaintiff in the suit challenging Scott's ability to randomly test workers in state agencies.

A report by the Orlando Sentinel found that the state has now incurred over a million dollars in legal bills for controversial legislation pushed by the governor.

Judge Ungaro had ruled that Scott's executive order was unconstitutional back in April, saying the governor did not show a "compelling need" to impose drug testing. Scott has appealed to the 11th US Circuit Court of Appeals.

Scott's drug testing plan has never been implemented except among some employees of the Department of Corrections. He put it on hold because of the legal challenge.

Another of Scott's pet projects, the mandatory suspicionless drug testing of welfare applicants and recipients has also been so far stymied in the federal courts. In that case, a federal judge issued a temporary injunction blocking implementation amid strong hints she would eventually rule that the practice was unconstitutional.

Meanwhile, despite the legal roadblocks -- and financial costs to taxpayers of fighting them -- Scott and the legislature last year passed another bill, House Bill 1205, which would allow, but not require, state agencies to conduct random suspicionless drug testing of state workers. That law, too, is on hold as it faces challenges in the federal courts.

FL
United States

Federal Appeals Court Rejects Job Corps Worker Drug Tests

A federal appeals court ruled last Friday that a random, suspicionless drug testing program for workers at Job Corps centers is unconstitutional. In a 2-1 decision, the US Circuit Court of Appeals for the District of Columbia held that the US Forest Service, which operates those Job Corps camps, did not demonstrate that drug use among staff or clients was such as problem that it qualified as an exception to the Fourth Amendment's proscription against unreasonable searches and seizures.

drug testing lab
The federal courts have held that drug tests are a search under the Fourth Amendment and have crafted only narrow exceptions to the rule, including testing of truck drivers and airplane pilots, police involved in narcotics work, and school students involved in sports or extracurricular activities.

The Job Corps program operates 28 centers for at-risk youth between the ages of 16 and 24. Clients there receive vocational training at the typically remote locations. The Forest Service had informed the union during negotiations in 2010 that it was going to impose random, suspicionless drug testing on all employees. The National Federation of Federal Employees, which represents Job Corps workers, filed suit seeking a preliminary junction, but was turned down in federal district court.

But in National Federation of Federal Employees v. Vilsack, the appeals court sided with the union. Vilsack is Agriculture Secretary Thomas Vilsack, who oversees the Forest Service.

"Although identifying governmental interests in the students' abstention from drug use and in their physical safety, the Secretary offered no foundation for concluding there is a serious drug problem among staff that threatens these interests and thus renders the requirement for individualized suspicion impractical," wrote Judge Judith Rogers, who was joined by Judge Douglas Ginsburg in the majority opinion. "Rather, the Secretary's evidence to date suggests the contrary. Because the Secretary has offered a solution in search of a problem, the designation of all Forest Service Job Corps Center employees for random drug testing does not fit within the 'closely guarded category of constitutionally permissible suspicionless searches.'"

In his dissent, Judge Brett Kavanaugh argued that it seemed sensible to drug test employees at residential schools for at-risk youth, some of whom have previously used drugs.

"In these limited circumstances, it is reasonable to test; indeed, it would seem negligent not to test," Kavanaugh wrote. "To maintain discipline, the schools must ensure that the employees who work there do not themselves become part of the problem. That is especially true when, as here, the employees are one of the few possible conduits for drugs to enter the schools."

But Kavanaugh's was the minority opinion, and once again, the federal courts have ruled against random, suspicionless drug testing absent the government making a strong case for its necessity.

Washington, DC
United States

House of Representatives Votes Down Defunding Medical Marijuana Raids [FEATURE]

Four US representatives introduced an amendment to the Justice Department appropriations bill, House Resolution 5326, which would bar the agency from spending funds to attack medical marijuana operations in states where it is legal. The bill was being considered Wednesday, before failing on a voice vote Wednesday evening.

A roll call vote was taken later, with the amendment failing 163-262 -- 50 Democrats opposed it and 28 Republicans supported it. While the total number of "ayes" was almost identical to the last time the amendment was offered several years ago, that reflects the larger number of Republicans in the House. Both Democrats and Republicans voted for the amendment in greater percentages than in the past. [Ed: We will publish analysis of the voting breakdown this week.]

Rep. Hinchey addresses a 2005 press conference on medical marijuana, as Montel Williams awaits his turn at the podium.
The House heard Reps. Barney Frank (D-MA), Maurice Hinchey (D-NY), Dana Rohrabacher (R-CA), Jerold Nadler (D-NY), and Steve Cohen (D-TN) speak in favor of the amendment, while the most notable opposition came from committee Chairman Frank Wolf (R-VA).

Hinchey was a cosponsor of the amendment, as was Rohrabacher, of Huntington Beach, and his California colleagues Reps. amie Farr (D-Carmel) and Tom McClintock (R-Auburn).

As a presidential candidate, then-Senator Obama said his administration would not use its resources to undermine state medical marijuana laws, especially if people were following their state’s law. At first, the administration lived up to his word. Shortly after he was elected president, the Department of Justice issued a memorandum to US Attorneys urging them not to waste taxpayer dollars and law enforcement resources arresting and prosecuting people following their state’s medical marijuana law.

But according to the medical marijuana defense group Americans for Safe Access, the DEA has undertaken more than 200 raids against medical marijuana dispensaries and associated businesses since it took office in 2009, with most of them coming in the past year. Beginning in March 2011 with raids on dispensaries across Montana, the Justice Department has shifted its stance on medical marijuana, becoming much more aggressive in enforcing federal law.

It's not just the DEA. Federal prosecutors in dispensary states, such as California, Colorado, and Montana, have also been aggressively targeting medical marijuana operations. They typically try to intimidate dispensary operators and/or their landlords in voluntarily closing their doors by issuing threat letters in which they warn that operators and/or landlords could face civil asset forfeiture or even criminal prosecution if they do not comply.

The threat letters are based on arbitrary standards having nothing to do with state medical marijuana laws. Instead, federal prosecutors typically allege that targeted dispensaries are within 1,000 feet of a school or playground. There is no federal law disallowing dispensaries in those areas, but there is a federal sentencing enhancement for drug law violations within them, and federal prosecutors are using that statute as a measuring rod for deciding which dispensaries to pick on.

The federal crackdown has, to some extent, worked. The Montana medical marijuana distribution scene was all but wiped out by federal raids and prosecutions, dozens of dispensaries have been forced out of business in Colorado, and more than 200 have closed in California.

But medical marijuana supporters and advocates have been mobilizing their forces, too. The crackdown has been criticized by House Minority Leader Nancy Pelosi (D-CA) and drug reform friend Rep. Barney Frank (D-MA), as well as elected officials in all three states and local Democratic Party organizations in the San Francisco Bay area.

And this week, the fight came to the House.

"It is time for the federal government to stop targeting the legal vendors that are providing safe access to this treatment, and instead focus limited resources on those who sell illicit drugs," Farr said in a statement. "The amendment I will offer with my colleagues will work to assure funds under the Department of Justice do not target the safe access to treatment patients need."

A plethora of medical marijuana and drug reform groups and even labor unions were mobilizing their members to contact Congress this week in a bid to show popular support for reining in the feds. Among them was the Drug Policy Alliance.

"Both Democrats and Republicans are telling the Obama administration: enough is enough, stop wasting taxpayer money to undermine state medical marijuana laws, said Bill Piper, the group's director of national affairs. "President Obama needs to realize his assault on patient access is not just immoral -- but a serious political miscalculation. For more than a decade, polling has consistently shown that 70% to 80% of Americans support medical marijuana."

For the United Food and Commercial Workers (UFCW), which represents dispensary workers in California and Colorado, smothering the federal crackdown is not just about compassion, it's about jobs and the economy.

"The UFCW supports the Hinchey-Rohrabacher amendment," the group said in a statement Wednesday. "Medical marijuana laws have been enacted to allow patients safe and legal access to appropriately produced and compliantly dispensed medical marijuana in the safest possible environment and UFCW members in the medical cannabis industry work in accordance with state laws to provide safe and effective medical treatment for persons suffering from cancer and other serious medical conditions.

"At a time when millions of hardworking Americans are out of work and still struggling to make ends meet, the use of taxpayer money for the misguided targeting and prosecution of an industry that provides Americans with good middle class jobs with benefits is counterproductive. The US Justice Department should not use the fewer resources it has to focus on targeting patients and dispensaries abiding by state law. That is a problem that the Hinchey-Rohrabacher Amendment will solve and the UFCW wholeheartedly supports it," the union said.

The political calculus behind the Obama administration's crackdown on medical marijuana is unclear. What is certain is that the opposition to it is broad and cuts across party lines.

"History is calling on President Obama to protect terminally ill patients from suffering, and he is dangerously close to falling on the wrong side," said Piper. "He will continue to pay a political price as long as his administration continues to waste taxpayer money undermining state law."

The Obama administration may have won a victory Wednesday night, but even victories come with a cost.

Washington, DC
United States

Judge Rejects Florida State Employee Drug Testing

A federal district court judge in Miami has thrown out Florida Gov. Rick Scott's (R) executive order requiring state employees to submit to suspicionless drug tests. The order violates the Fourth Amendment's proscription against unreasonable searches and seizures, the judge ruled.

Gov. Scott, a former health care executive, issued the order calling for random drug testing of all state employees in March 2011, but stayed it in the face of a legal challenge from the ACLU of Florida and the Association of Federal, State, County, and Municipal Employees (AFSCME), the union representing thousands of state workers.

Scott argued that requiring drug tests was akin to statutory requirements that some state workers make financial disclosures, but US District Court Judge Ursula Ungaro wasn't buying it.

In her ruling last Wednesday, Ungaro called Scott's reasoning "hardly transparent and frankly obscure" and said it did not justify violating the Fourth Amendment. "He offers no plausible rationale explaining why the fact that a state employee's work product and financial status are publicly accessible leads to the conclusions that the employee's expectation of privacy in his or her bodily functions and fluids are then diminished," Ungaro wrote.

"The governor can't order the state to search people's bodily fluids for no reason -- the Constitution prohibits that sort of government intrusion," said Howard Simon, executive director of the ACLU of Florida. "And the governor can't demand that people surrender their constitutional rights for the privilege of working for the state or receiving some other government benefit."

"Today's ruling is important because it reinforces the bright line which government may not cross," said ACLU cooperating attorney Peter Walsh. "If the state is going to require a drug test as a condition of keeping your job, it needs to have a reason, and simply being against drugs isn't enough."

In a statement last Thursday, Scott said he would appeal, but gave no acknowledgment of the constitutional issues involved.

"As I have repeatedly explained, I believe that drug testing state employees is a common sense means of ensuring a safe, efficient and productive workforce," he said."That is why so many private employers drug-test, and why the public and Florida's taxpayers overwhelmingly support this policy. I respectfully disagree with the court's ruling and will pursue the case on appeal."

Scott is not doing well with his drug testing campaign. A law he backed requiring drug tests for people seeking welfare has been temporarily blocked by a federal district court judge in Orlando, who has indicated she will likely find that measure also unconstitutional.

Miami, FL
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, 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, 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