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Linda2 - > Education -> AB-2279... No, I don't think so.
AB-2279... No, I don't think so.

california legislature

 

200708 regular session

Introduced by Assembly Member Leno

(Coauthors: Assembly Members Berg, Hancock, and Saldana)

February 21, 2008

An act to amend Section 11362.785 of, and to add Section 11362.787

to, the Health and Safety Code, relating to medical marijuana.

legislative counsel

s digest

AB 2279, as amended, Leno. Medical marijuana: quali

and primary caregivers: employment discrimination.

Existing law, the Compassionate Use Act of 1996, provides that a

patient or a patient

marijuana for personal medical purposes of the patient upon the written

or oral recommendation or approval of a physician is not subject to

conviction for offenses relating to possession and cultivation of

marijuana.

Existing law requires the State Department of Public Health to

establish and maintain a voluntary program for the issuance of

identi

personal medical purposes, and to their primary caregivers, if any.

Existing law states, however, that these provisions do not require any

accommodation of any medical use of marijuana on the property or

premises of any place of employment or during the hours of

employment.

fied patientss primary caregiver who possesses or cultivatesfication cards to patients qualified to use marijuana for their

97

This bill, notwithstanding existing law, would declare it unlawful for

an employer to discriminate against a person in hiring, termination, or

any term or condition of employment or otherwise penalize a person,

if the discrimination is based upon the person

patient or primary caregiver, except as speci

authorize a person who has suffered discrimination in violation of the

bill to institute and prosecute a civil action for damages, injunctive

relief, and any other appropriate equitable relief, as speci

would provide that it would not prohibit an employer from terminating

the employment of, or taking other corrective action against, a person

who is impaired on the property or premises of the place of employment,

or during the hours of employment, because of the medical use of

marijuana.

s status as a qualifiedfied. The bill wouldfied. The bill

Vote: majority. Appropriation: no. Fiscal committee: no.

State-mandated local program: no.

The people of the State of California do enact as follows:

123456789

SECTION 1. Section 11362.785 of the Health and Safety Code

is amended to read:

11362.785. (a) Nothing in this article shall require any

accommodation of any medical use of marijuana on the property

or premises of any place of employment or during the hours of

employment, except as provided in Section 11362.787, or on the

property or premises of any jail, correctional facility, or other type

of penal institution in which prisoners reside or persons under

arrest are detained.

(b) Notwithstanding subdivision (a), a person shall not be

prohibited or prevented from obtaining and submitting the written

information and documentation necessary to apply for an

identi

jail, correctional facility, or other penal institution in which

prisoners reside or persons under arrest are detained.

(c) Nothing in this article shall prohibit a jail, correctional

facility, or other penal institution in which prisoners reside or

persons under arrest are detained, from permitting a prisoner or a

person under arrest who has an identi

for medical purposes under circumstances that will not endanger

the health or safety of other prisoners or the security of the facility.

fication card on the basis that the person is incarcerated in afication card, to use marijuana

97

AB 2279

2

123456789

(d) Nothing in this article shall require a governmental, private,

or any other health insurance provider or health care service plan

to be liable for any claim for reimbursement for the medical use

of marijuana.

SEC. 2. Section 11362.787 is added to the Health and Safety

Code, to read:

11362.787. (a) Notwithstanding subdivision (a) of Section

11362.785, and except as provided in subdivision (c), it is unlawful

for an employer to discriminate against a person in hiring,

termination, or any term or condition of employment or otherwise

penalize a person, if the discrimination is based upon either of the

following:

(1) The person

primary caregiver.

(2) The person

person is a quali

de

premises of the place of employment or during the hours of

employment, as required by Section 11362.785.

(b) A person who has suffered discrimination in violation of

subdivision (a) may institute and prosecute in his or her own name

and on his or her own behalf a civil action for damages, injunctive

relief, and any other appropriate equitable relief to protect the

peaceable exercise of the right or rights secured.

(c) (1) Paragraph (2) of subdivision (a) shall not apply when

an employer employs a person in a safety-sensitive position.

(2) For purposes of this section, a safety-sensitive position

means a position in law enforcement, as de

of Section 13951 of the Government Code, or a position in which

medical cannabis-affected performance could clearly endanger the

health and safety of others. A safety-sensitive position shall have

all of the following general characteristics:

(A) Its duties involve a greater than normal level of trust,

responsibility for, or impact on the health and safety of others.

(B) Errors in judgment, inattentiveness, or diminished

coordination, dexterity, or composure while performing its duties

could clearly result in mistakes that would endanger the health and

safety of others.

(C) An employee in a position of this nature works

independently, or performs tasks of a nature that it cannot safely

s status as a qualified patient or a designateds positive drug test for marijuana, provided thefied patient and the medical use of marijuana, asfined in Section 11362.7, does not occur on the property orfined in subdivision (d)

97

3 AB 2279

1234567

be assumed that mistakes like those described in subparagraph (B)

could be prevented by a supervisor or another employee.

(d) Nothing in this section shall prohibit an employer from

terminating the employment of, or taking other corrective action

against, a person who is impaired on the property or premises of

the place of employment or during the hours of employment,

because of the medical use of marijuana.

 

ASSEMBLY BILL No. 2279

Legalizers just keep pushing and pushing.. When are we going to stop them?

AMENDED IN ASSEMBLY APRIL 14, 2008

AMENDED IN ASSEMBLY APRIL 2, 2008

Posted in these Groups:
Topics:
posted by Linda2 on Saturday, June 21, 2008 at 12:55 PM
Report a Violation
Viewed 112 times
8 comments from 6 users

1

posted by MostlyRussky on Jun 21, 2008 at 01:53 PM

What exactly about this bill needs to be stopped?

posted by Linda2 on Jun 21, 2008 at 02:33 PM

1. Anyone close to the so called "medical marijuana" issue can tell you that literally anyone can buy a medical recommendation for any reason. More often then not, no medical explanation is needed. Several years a go for instance, recommendations went for 250 bucks, today it's 100 or less. With so many people abusing/taking advantage of ridiculous laws like Prop 215, which gives the green light to anyone who wants to get high, employer's must not be forced to cater to any drug users. Employer's must maintain the right to fire/not hire anyone testing positive for marijuana regardless of a medical recommendation. A medical recommendation for pot these day's is a joke. However, if a person with a recommendation is well enough to work, then doesn't it make sense that they should also be well enough to no longer "need" pot?  The abuse of Prop 215 is disgusting.  But,,we need to remember that was the goal from the beginning. It's alway's been about smoking pot without consequence.

Everytime we give in to one of these childish whims, we chip away the barriers that we put in place to protect our safety.

posted by sfinboston52 on Jun 21, 2008 at 04:38 PM

Lets forget about life, liberty and pursuit of happiness and let's control everyone whom we don't agree with.

posted by MostlyRussky on Jun 21, 2008 at 04:51 PM

Granted, your post of the text of the bill is a bit botched and hard to read, but I don't see anything about having to let someone who's high continue to work.  In fact, the last three lines you posted say that there's nothing prohibiting an employer from terminating a worker who is "impaired."  So what's the big deal?  As for your statement that a person who needs medical marijuana for an illness shouldn't be well enough to work, you obviously haven't been reading any news about the U.S. economy.  People will do whatever it takes to keep their jobs--for the income of course, and for any health insurance benefits they might receive as well.  Americans go to work sick all the time because they have to.

posted by JesusSmokedABowl on Jun 22, 2008 at 09:26 AM

Hey cuteness, still as beautiful as ever.

posted by royal12136 on Jun 23, 2008 at 06:22 AM

It is true that the bill does not prohibit the employer from terminating an employee for being impaired.  What is the legal definition of impaired?  If an employee is cross eyed falling down drunk, who we would all agree is definitely impaired, then an employer has a legal basis for termination or discipline. However, if an employee partakes of marijuana before coming to work, who is to say he is not impaired? Will this employee being operating machinery, equipment, or dealing with sensitive information?  This bill does allow for the denial of marijuana usage for ‘safety sensitive’ positions; but the bill puts a caveat in where if the employee does not work alone and the supervisor or other employees could protect the impaired employee from harm to self or others, then it is perfectly acceptable to be under the influence of marijuana.  Who is to say that the employee who is supposed to be taken care of the impaired employee is not also impaired?  

In an environment where errors in judgment, inattentiveness, or diminished faculties can endanger others, one does not need to be worrying if the employee next to them is impaired.

The smoking of marijuana is the least effective, and most harmful, way of receiving any medical benefits from the active constituents of cannabis. However; smoking, drinking, inhaling, and eating of cannabis produces the best ‘high’ compared to taking a pill that has had the psychotropic properties removed from the drug. One can make the conclusion that most ‘patients’ just want to get high which is fine, but not at my work.
posted by randomfactor on Jun 23, 2008 at 07:19 AM

I'll have to call my state representatives and tell them I support this legislation. 

posted by Linda2 on Jul 5, 2008 at 04:57 PM

Sorry for the delay in response. I was in Pismo.

 

 

 

Pismo Beach Sunset

 

Thankfully though, I believe the Governor will veto this ridiculous bill.

 

 

1

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