Marijuana Legalization
Marijuana Legalization Impact on the Workplace
• Marijuana use is a growing problem in the U.S. and it has a
direct impact on the workplace and safety.
• Laws that legalize marijuana, either for recreational or medicinal
purposes can complicate employers’ efforts to maintain workplaces
free from impairment caused by marijuana use.
A Gateway Drug?
According to the 2013 National Survey on Drug Use and Health, an
estimated 2.9 million people age 12 or older used an illicit drug other
than alcohol or non-medically used a prescription drug for the first
time in the past year. Two thirds (66 percent) of new users reported
marijuana was the first drug they tried.
Increased Potency
Today’s marijuana is not the
marijuana of the 1960s.
In the past 15 years, marijuana
potency has tripled and since 1960
it’s grown 5 times stronger.
Source: Mehmedic et al., (2010)
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Does smoking cannabis affect work performance?
• There is a wealth of studies that prove that
marijuana impacts the brain in ways that
impair judgment, intelligence, reasoning and
clarity of thought.
• The adverse effects of pot can continue for
weeks after intoxication has worn off. People
can function at below normal intellectual
capacity for weeks or sometimes even
months after they stop smoking.
Does smoking pot affect work commitment?
Marijuana use is linked to low productivity
and job performance
• Linked with:
• dropping out of school,
• unemployment,
• social welfare dependence,
• and lower self-reported quality of life
Source: Fergusson, D. M. and Boden, J.M., 2008
Does smoking pot affect work commitment?
Marijuana use is linked to low productivity
and job performance
• Employee marijuana use is also linked with
increased:
• absences,
• tardiness,
• accidents,
• worker’s compensation claims,
• and job turnover
Source: NIDA, 2011
Does smoking pot affect work commitment?
Christen Hyggen. Addiction. Volume 107, Issue 7, pgs 1309-1315, July 2012
Setting: The survey was a nation-wide study set in Norway
Participants: 1,997 respondents born between 1965 and 1968: separated
into groups of “abstaining”, “exposed”, “experimenters”, and “involved”
Findings:
• The level of work commitment was associated with involvement with
marijuana
• “involved” group and “experimenter” reported less work commitment
compared to the “abstainer” group
• “involved” reported decreasing work commitment into adulthood
• Factors related to socio-economic background, education, labor market
experiences, mental health and family characteristics were factored in
The legalizer’s strategy has been to legalize…
Marijuana as Medicine
Marijuana as Medicine?
• Twenty-one states and the District of Colombia have legalized
marijuana for medicinal purposes. As of November 6, 2012, two
states had legalized the "recreational" use of marijuana by those 21
and older. And more states are poised to follow suit.
• Can companies still drug test for marijuana? Can they prohibit
employees from bringing marijuana to work or being under its
influence while on the job? What should their drug- free workplace
policies say about marijuana use?
Marijuana as Medicine?
Therapeutic Potential:
1) Relieving pain
2) Controlling nausea
3) Stimulating appetite
4) Decreasing ocular pressure
Cannabinoid-based medications:
1) Dronabinol (Marinol®)
2) Nabilone (Cesamet®)
3) Sativex®
Is marijuana medicine?
Marijuana has medical properties, BUT we
don’t need to smoke or eat it!
We don’t smoke opium to derive the benefits
of morphine.
So we don’t need to smoke marijuana to
receive its potential benefits.
• A distinction must be made between raw,
crude marijuana and marijuana’s
components
Is marijuana medicine?
No: smoked or inhaled raw marijuana is not
medicine
Yes: there are marijuana-based pills available
and other medications coming soon
Research is ongoing
Marijuana-based medicines
Marijuana-based medicines are being
scientifically developed.
• However this process needs
improvement.
• Research must be done on marijuana’s
components, not the raw, crude plant.
Average medical marijuana patients
Profile:
• 32-year old white male
• history of alcohol and substance abuse
• no history of life-threatening illnesses
• 87.9% had tried
marijuana before age 19
• 75% of Caucasian
patients had used
cocaine and 50% had
used methamphetamine
in their lifetime.
Source: O’Connell, T.J. & Bou-Matar, C.B., 2007
Only a small proportion of medical marijuana users report any
serious illness.
• In Colorado, 2% reported
cancer, less than 1% reported
HIV/AIDS, and 1% reported
glaucoma as their reason for
using medical marijuana.
• In Oregon, these numbers are
less than 4%, 2%, and 1%,
respectively.
Source: Colorado Department of Public Health and
Environment, 2011; Oregon Public Health
Authority, 2011
Chronic pain
Majority of medical marijuana users
report using marijuana to treat ‘chronic or
severe pain.’
• 96% in Colorado
• 91% in Oregon
• 93% in Montana
Source: Colorado Department of Public Health and Environment, 2011; Oregon Public
Health Authority, 2011; Montana Department of Public Health and Human Services, 2011
17
Increased use among teens
“If pot is medicine and sanctioned by the
state, then it must be safe to use.”
• Among youth (12-17) marijuana use rates in
states with medical marijuana laws is 8.6%
compared to 6.9% in states without such laws
• In states with medical marijuana laws,
adolescents’ perception of the harmful effects of
marijuana have significantly decreased.
Source: Wall, M., et al., 2011; Johnston,
L.D., et al., 2011.
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Marijuana as Medicine?
Marijuana is a Schedule I drug under the federal Controlled Substances Act
• Makes possession, usage, purchase, sale, and/or cultivation of
marijuana illegal
• Crude marijuana may not be prescribed, administered, or
dispensed
• Other Schedule I drugs include:
• Lysergic acid diethylamide (LSD)
• Diacetylmorphine (Heroin)
• Gamma Hydroxybutyric Acid (GHB)
• MDMA (“ecstasy”)
• Mescaline
• Jan. 2013 Court Case: U.S. Court of Appeals
Risks of Marijuana Use
Physiological Risk:
• Acute use: diminished psychomotor performance, dry mouth
(xerostomia), reddening of the eyes
• Chronic use:
Effects from Smoking
• Abnormalities of respiratory
tract cell lining
• ↑risk of cancer, lung
damage and poor pregnancy
outcomes
Effects from THC
• Cognitive impairment
• Apathy
• Psychic decline
• Sexual dysfunction
• Abnormal menstruation
Risks of Marijuana Use
Marijuana Drug Related Emergency Room Admissions
for misuse or abuse of marijuana
500,000
455,668
450,000
374,000
400,000
350,000
300,000
281,000
250,000
200,000
150,000
100,000
50,000
0
2004
2008
2011
Source: Substance Abuse and Mental Health Services Administration, Center for Behavioral Health Statistics and Quality. (December 4,
2012). The Dawn Report: Drug-related emergency department visits involving synthetic cannabinoids. Rockville, MD.
Risks of Marijuana Use
Medical
Risks
of
Marijuana
Use
Substance Abuse and Mental Health Services
Administration 2009:
• 120 million Emergency Room visits
• 4.5 million drug related
• 2.1 million drug misuse or abuse
• 1, 079, 683 (52%) pharmaceuticals
• 973, 591 (47%) illicit drugs
• 376, 467 (39%) marijuana
•In 2011, 455,668 ER visits involving marijuana
•ER visits for marijuana increased 19 percent
between 2009 and 2011
Source: SAMHSA. Drug Abuse Warning Network, 2011.
Marijuana Myths
MYTH: No one has ever died from using Marijuana
• Daily pot users have a 30% higher risk of injuries.
• That pot can cause accidents is not surprising, since marijuana has been shown
to degrade short-term memory, concentration, judgment, and coordination of
complex tasks including driving.
• There have been numerous reports of pot-related accidents -- some of them
fatal, belying the myth that no one has ever died from marijuana.
• One survey of 1,023 emergency room trauma patients in Baltimore found that
fully 34.7% were under the influence of marijuana, more even than alcohol
(33.5%).
• Accidents are the number one hazard of moderate pot use. In addition, of
course, the psychoactive effects of cannabis can have many other adverse
effects on performance, school work, and productivity.
Source: http://norml.org/pdf_files/NORML_Marijuana_Health_Mythology.pdf
Marijuana Myths
MYTH: Marijuana is Harmless
• Research shows that the two major risks of excessive marijuana use are: (1)
respiratory disease due to smoking and (2) accidental injuries due to impairment.
• A survey by the Kaiser Permanente Center found that daily marijuana-only smokers
have a 19% higher rate of respiratory complaints than non-smokers.
• It has long been known that marijuana smoke contains virtually the same toxic gases
and carcinogenic tars as tobacco. Human studies have found that pot smokers suffer
similar kinds of respiratory damage as tobacco smokers, putting them at greater risk
of bronchitis, sore throat, respiratory inflammation and infections.
• Marijuana smoking causes cancer. Studies have found pre-cancerous cell changes in
pot smokers. Some cancer specialists have reported a higher-than-expected
incidence of throat, neck and tongue cancer in younger, marijuana-only smokers. A
couple of cases have been fatal.
Source: http://norml.org/pdf_files/NORML_Marijuana_Health_Mythology.pdf
Marijuana Myths
MARIJUANA IS NOT ADDICTIVE
Facts on use/abuse and addiction
9% of marijuana users become addicted. 1 in 6 (17%)
are dependent if they start use in their teens.
% of Alcohol and Marijuana Users With Abuse/Dependency
23%
25%
Millions of Users/Abusers
20%
15%
13%
10%
5%
0%
17.7_
Alcohol (135.5
135.5Mil)
4.3_
Marijuana (4.3
18.9Mil)
Source: SAMHSA, 2012 National Survey on Drug Use and Health, Ages 12 or older
ASAM, July 25, 2012
Driving Safety
In October of 2013, an 18
year old passenger was killed
when the vehicle she was
riding in hit a power pole
just outside of Lynden,
Washington. The driver
admitted to being high on
pot at the time of the crash.
Within the same week, a
motorcyclist was killed when
a car pulled in front of him.
The vehicle was driven by a
man who had a medical
marijuana card and told
police he has smoked pot
before the crash.
Q13Fox.com: Police Say Lynden
Driver Admitted to Smoking Pot
Before Fatal Crash 10/8/13.
Driving Safety
• According to the National Highway Traffic Safety
Administration, drugs other than alcohol (e.g.,
marijuana and cocaine) are involved in about
18 percent of motor vehicle driver deaths.
• A recent survey found that 6.8 percent of drivers, mostly
under age 35, who were involved in accidents tested
positive for THC; alcohol levels above the legal limit were
found in 21 percent of such drivers.
(Source: http://www.drugabuse.gov/publications/marijuana-abuse/does-marijuana- useaffect-driving)
Driving Safety
HERE IS WHAT HAPPENDED IN COLORADO
Fatal Motor Vehicle Crashes After “Medical Marijuana”
Over 135 killed in 3 years in Colorado when the driver tested
positive for Marijuana
Number of Fatalities
70
58
60
50
42
37
40
31
30
21
23
20
10
0
2006
2007
2008
2009
2010
2011
Source : Colorado Department of Transportation
Note: Use of marijuana doubles the risk of a motor vehicle crash, Epidemiologic
Reviews, October 2011
Marijuana & Safety
If businesses care about employee productivity and safety they need to
oppose marijuana legalization.
Why?
• Because studies show that marijuana use is associated with increased
absences, tardiness, workers’ compensation claims, and job turnover.
• Because 6.6% of High School Seniors already smoke pot every day
making them virtually unemployable.
• Because those who tested positive for pot on pre-employment
urinalysis test had 55% more industrial accidents, 85% more injuries,
and a 75% increase in absenteeism compared with those who tested
negative for marijuana use.
Box Factory Example
NIDA Research Report Series: Cannabis 2010.
Impact of Legalization on Business
(Productivity & Safety)
Increased marijuana use will negatively impact Georgia
businesses in many ways.
If employers care about a reliable workforce – they need to
care about marijuana legalization.
__________________________________________________
Employees who abuse drugs are:
• 10x more likely to miss work
• 3.6x more likely to be involved in on-the-job accidents
• 5x more likely to file a workers’ comp claim
__________________________________________________
• Medical pot will increase pot use and all associated work
consequences.
Impact of Legalization on Business
• Businesses that require pre-employment drug tests will find a
smaller pool of potential hires.
• Small businesses that do not drug test will end up with more
employees who use marijuana, effecting job performance,
safety and liability issues.
• Companies who care about getting bright, trainable
employees need to care about opposing legalization.
• Marijuana legalization will result in lower workplace
performance, business output and work product.
• Businesses with employees who drive company vehicles need
to care about highway safety.*
• Drivers who tested positive for pot in fatal crashes in Colorado
DOUBLED between 2006 & 2010 (Colorado DOT)
Impact of Legalization on Business
HOW DOES MARIJUANA USE AFFECT WORKERS AND
EMPLOYERS?
• Even if they decrease their usage later in life, those
who begin using marijuana by age 13 are more
likely to report lower income.
• Several studies associate workers' marijuana
smoking with increased absences, tardiness,
accidents, workers' compensation claims, and job
turnover.
1
2
1. Eisner, Robin. 2005. “Marijuana Abuse: Age of Initiation, Pleasure of Response Foreshadow Young Adult
2. Gruber AJ, Pope HG, Hudson JI, Yurgelun-Todd D. 2003. Attributes of long-term heavy cannabis users: A
case control study. Psychological Med 33(8):1415–1422.Outcomes.” National Institute on Drug Abuse (NIDA)
Notes. 19 (5).
FACTS
Alcohol, Tobacco and Drug Use
in America
Millions of Current Users
160
140
135.5
120
100
69.5
80
60
23.9
40
20
18.9
0
Alcohol
(52.1%)
Tobacco
(26.7%)
Any Illegal Marijuana
Drug (9.2%)
(7.3%)
Source: SAMHSA, 2012 National Survey on Drug Use and Health, Ages 12 or older
Why Drugs Should Remain Illegal
- The illegal status has prevented tens of millions of
Americans from using marijuana and other illegal drugs
- Legalization would dramatically increase its use and abuse
and would not reduce crime or costs
- Public health consequences would be devastating, adversely
affecting safety in the workplace, on the highways, personal
health and educational achievement
Social Economic Costs and Tax Revenue
SOCIAL ECONOMIC COST
ALCOHOL:
185 – 235 Billion *
TOBACCO
200 Billion **
***
National Institute on Alcohol Abuse and Alcoholism (ASAM, July 25, 2012)
*
** Center for Disease Control and Prevention (ASAM, July 25, 2012)
*** Urban Institute and Brookings Institute (ASAM, July 25, 2012)
TAX REVENUE GENERATED
14 Billion ***
25 Billion
What Have Other States Done?
Issues for Employers
• Washington State Human Rights Commission: “will decline to
investigate any claims of discrimination involving MM”
• CO, HI, MI, MT, NJ, NM, VT: only on-the-job
consumption/impairment is grounds for termination
• Battle Creek, Mich: Walmart terminated cancer patient for using MM
• RI, ME: “no school, employer or landlord may refuse to enroll,
employ or lease to or otherwise penalize a person solely for his or her
status as a card holder” § 21-28.6-4
What Have Other States Done?
New Hampshire Medical Marijuana Law:
"Nothing in this chapter shall exempt any person from arrest or
prosecution for:
(a) Being under the influence of cannabis while:
(1) Operating a motor vehicle, commercial vehicle, boat, vessel,
or any other vehicle propelled or drawn by power other than
muscular power; or
(2) In his or her place of employment, without the written
permission of the employer; or
(3) Operating heavy machinery or handling a dangerous
instrumentality.”
It also specifically protects employers with this provision: "Nothing in this chapter shall
be construed to require… Any accommodation of the therapeutic use of cannabis on
the property or premises of any place of employment ... This chapter shall in no way
limit an employer’s ability to discipline an employee for ingesting cannabis in the
workplace or for working while under the influence of cannabis."
What Have Other States Done?
Illinois Medical Marijuana Law:
Illinois' new law has an extensive employment section, which is largely
employer friendly. It is one of the rare medical marijuana state laws that
actually mentions drug testing: "Nothing in this Act shall prohibit an
employer from enforcing a policy concerning drug testing, zerotolerance, or a drug free workplace provided the policy is applied in a
nondiscriminatory manner."
It also states that: "Nothing in this Act shall limit an employer from
disciplining a registered qualifying patient from violating a workplace
drug policy."
The Illinois law, which became effective January 1, 2014, includes
specific language that protects an employer when taking disciplinary
action based on a drug test result or when a registered patient uses
marijuana on the employer's premises or during work hours.
What Have Other States Done?
Delaware Law:
Delaware has a law that permits medical marijuana use. The law
provides protection for workplaces/employers:
Ҥ 4907A: Acts not required, acts not prohibited. (a) Nothing in this
chapter requires: … (3) An employer to allow the ingestion of marijuana
in any workplace or to allow any employee to work while under the
influence of marijuana, except that a registered qualifying patient shall
not be considered to be under the influence of marijuana solely because
of the presence of metabolites or components of marijuana.”
This allows employers to drug test and establish drug-free workplace
programs, but in the case of marijuana, a positive result alone does not
automatically mean an employee is under the influence at work.
What Have Other States Done?
North Carolina Law:
• "Intoxication" and "under the influence" shall mean that the
employee shall have consumed a sufficient quantity of intoxicating
beverage or controlled substance to cause the employee to lose the
normal control of his or her bodily or mental faculties, or both, to
such an extent that there was an appreciable impairment of either or
both of these faculties at the time of the injury.
• A result consistent with "intoxication" or being "under the influence"
from a blood or other medical test conducted in a manner generally
acceptable to the scientific community and consistent with applicable
State and federal law, if any, shall create a rebuttable presumption of
impairment from the use of alcohol or a controlled substance. (1929,
c. 120, s. 13; 1975, c. 740; 2005-448, s. 2.)
Federal Government Statement
• Department of Justice issued guidelines for federal prosecutors in
states that enacted laws authorizing the use of medical marijuana
(October 2009).
• "It will not be a priority to use federal resources to prosecute patients
with serious illnesses or their caregivers who are complying with
state laws on medical marijuana, but we will not tolerate drug
traffickers who hide behind claims of compliance with state law to
mask activities that are clearly illegal."
• "This balanced policy formalizes a sensible approach that the
Department has been following since January [2009]: effectively
focusing our resources on serious drug traffickers while taking into
account state and local laws."
Marijuana Legalized for Recreational Use
In Colorado:
Intent is to treat cannabis in a manner similar to alcohol.
• Possession: State criminal penalties for possession of
1 ounce of marijuana are eliminated. Permits the cultivation
of up to six marijuana plants (3 immature, 3 mature) for personal use.
Permits the gifting of up to 1 ounce of marijuana to a person 21 or
older.
• Employment: The new law contains a provision for the workplace.
Section 16(6)(a) of the Colorado law says – “Nothing in this section is
intended to require an employer to permit or accommodate the use,
consumption, possession, transfer, display, transportation, sale or
growing of marijuana in the workplace or to affect the ability of
employers to have policies restricting the use of marijuana by
employees.”
Marijuana Legalized for Recreational Use
In Washington:
• Possession: State criminal penalties for possession of
1 ounce of marijuana for those 21 and older are eliminated. Public
consumption of marijuana, like alcohol, can mean a $50 fine.
• Employment: The new law does not change the right of employers
to drug-test employees.
• DUI: A level of 5 nanograms of THC, marijuana's active ingredient, in
a driver's blood becomes equivalent to a 0.08 percent blood-alcohol
level for driving under the influence.
• The Washington Law did not contain a provision for the workplace.
Marijuana Legalized for Recreational Use
In Washington:
• The Washington Supreme Court affirmed a lower court’s ruling
holding that: “Medical Use of Marijuana Act (MUMA) does not
provide a private cause of action for discharge of an employee who
uses medical marijuana, either expressly or impliedly, nor does
MUMA create a clear public policy that would support a claim for
wrongful discharge in violation of such a policy.”
Roe v. TeleTech Customer Care Mgmt. (Colo.) LLC, No. 83768-6, 2011 Wash.
2013 Recreational Use Bills
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Alabama (dead)
Alaska (tried again in 2014)
Hawaii (dead)
Maine (defeated)
Maryland (did not advance out of committee)
Massachusetts (dead)
Nevada (dead)
New Hampshire (dead)
Ohio (dead)
Oregon (dead)
Pennsylvania (dead)
Rhode Island (dead)
Vermont (dead)
Issues for Employers
Issues for Employers
What accommodations should employers make?
• Private sector: employers cannot accommodate medical or
recreational use of marijuana if the company receives federal
contracts (Drug-Free Workplace Act of 1988)
• DOT guidelines: prohibits MM for transportation workers
• OSHA: employers have general duty to provide safe work
environment
• 2008 California Supreme Court case: Ross v. Ragingwire
Telecommunications, Inc> drug testing is legal and not discriminatory
Recommendations for Employers
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Employers can test for marijuana.
Pre-employment drug testing is legal. (Urine, oral fluid)
Ensure policy is compliant with state laws.
Watch for legal challenges.
Take into account workers’ compensation and unemployment
compensation laws as they apply to drug testing for marijuana
Be clear about what the company policy says
Prohibited behaviors
Drug testing (how, when and for what)
Consequences for policy violations
Be clear that an employee cannot possess or use marijuana in
the workplace
Detection of any amount is a violation of policy
Take measures based upon actions rather than drug test results
(reasonable suspicion)
Conclusion
• The federal government still considers marijuana a Schedule l
Controlled Substance.
• Employers still have the right to insist that workers are drug-free
while at work.
• A written policy is still the most critical component of a
comprehensive drug-free workplace program, including a
company’s position on marijuana use.