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2/17/2017 11:30 am  #26


Re: Fuck, here we go

artie_fufkin wrote:

forsberg_us wrote:

artie_fufkin wrote:

Marijuana is legal in at least four states, and it will probably be legal in more than half of them within 10 years. It's hardly a performance enhancing drug, unless it results in the rest of the Red Sox making it to the post-game spread before Pablo Sandoval can devour it. MLB needs to get current on this issue.

In all 50 states, including those in which it is legal, an employer can terminate an employee for testing positive for marijuana.  I'd say MLB is current on this issue.

I've never smoked marijuana, so I can't say I relate to the appeal.  But if I had prospects of making the major leagues and one of the conditions of making it was that I give up bacon cheeseburgers, I'd figure out a way to stop eating bacon cheeseburgers.

I shouldn't be foolish enough to debate a labor attorney who works in the best labor law office in St. Louis on a point of labor law, and I understand no employer wants an employee showing up high, but if you're smoking marijuana off-the-clock in a state where marijuana is legal, how is that any different than downing a couple of beers at the neighborhood tavern after work?
 

There probably isn't any, but it's the employer's business so the employer gets to set the rules.  I haven't looked at the issue that closely, but I remember a case out of Colorado in which the employee challenged his termination under a statute that provided an employee couldn't be terminated for engaging in behavior that was otherwise lawful.  I can't remember whether it was an appellate court or Colorado's Supreme Court, but the ultimate ruling was that the termination was lawful because possessing marijuana was illegal under federal law and, therefore, the behavior wasn't "otherwise lawful."

I suspect one of the difficulties that marijuana will always face is the time it remains in the body.  As you stated, no employer wants an employee showing up at work high.  An employer certainly can terminate an employee who shows up under the influence, but in the case of alcohol, if the employee has a couple of beers the night before, the alcohol is out of his system before morning.  

 

2/17/2017 12:37 pm  #27


Re: Fuck, here we go

Illinois changed the laws on DUI drugs in reference to marijuana.  The law now allows a person to have in their system a certain amount of THC and operate a vechile instead of zero tolorance.  However the level of THC is measured through blood and saliva.  The saliva test dont seem available and the state crime lab doesnt test for thc in blood.  The only way that you can enforce the law is to send the blood to a seperate crime lab that cost more then pratical and can take longer then the court allows.  So load up and smoke pot in illinois.  It is a free for all.

This is similar to the state turning possession into a civil offense. It wasnt very well thought out at all.

I dont have a problem with minor league baseball still listing marijuana as a enforced drug.  Minor leaguers are all young men and need encouraged to make good decisions.  Id rather the league do that then have some of the legal issues other sports have.  I would only cite the fact that the majors doesnt violate for marjuana use as a problem.  Like fors said, they dont have to smoke weed and other (far less paying) jobs disallow it as well.

 

2/17/2017 12:44 pm  #28


Re: Fuck, here we go

I know the role model vs just a baseball player conversation is pointless but i think it is in the best interest of the league to try to make thier players role models.  Tim tebow, kurt warner and all the others have made themselfs and leagues alot of extra money by selling their character.  Not that smoking weed makes you a horrible person but it can clearly lead to bad decisions.

And remember these are young men, on their own for the first time, away from home, with money in their pocket and running around with like minded people.

The idea that pot can be smoked recreationaly without ruining a persons life is true.  So can meth and crack.  People do use those drugs in moderation and live a productive life.  It might be more rare but it happens.

 

2/17/2017 9:19 pm  #29


Re: Fuck, here we go

" it's the employer's business so the employer gets to set the rules."

OK, devil's advocate here. What if I'm working at, say, a florist shop, and the owner of the florist shop tells me I can't work there if I eat, say, red licorice? Simply because he's got an aversion to red licorice, even though it's legal to possess and consume red licorice in the state in which I live.

 

2/17/2017 9:31 pm  #30


Re: Fuck, here we go

APIAD wrote:

I know the role model vs just a baseball player conversation is pointless but i think it is in the best interest of the league to try to make thier players role models. Tim tebow, kurt warner and all the others have made themselfs and leagues alot of extra money by selling their character. Not that smoking weed makes you a horrible person but it can clearly lead to bad decisions.

And remember these are young men, on their own for the first time, away from home, with money in their pocket and running around with like minded people.

The idea that pot can be smoked recreationaly without ruining a persons life is true. So can meth and crack. People do use those drugs in moderation and live a productive life. It might be more rare but it happens.

Yeah, most of my friends smoke pot and lead at least fairly productive lives. I never liked it because it made me fall asleep and made my mouth dry, which was a real problem back when I chewed tobacco.
I know nothing about meth. It's not a popular drug around here. We have a massive heroin problem here, but I don't think I recall more than a handful of meth-related police reports in the last half-dozen years since I became a reporter again. Same with coke. You don't hear much about it around here anymore. I dated a woman back in the '80s who was a coke addict. She managed to hide it well for awhile, but she ended up losing her job(s), her friends and her money.
 

 

2/18/2017 2:15 pm  #31


Re: Fuck, here we go

artie_fufkin wrote:

" it's the employer's business so the employer gets to set the rules."

OK, devil's advocate here. What if I'm working at, say, a florist shop, and the owner of the florist shop tells me I can't work there if I eat, say, red licorice? Simply because he's got an aversion to red licorice, even though it's legal to possess and consume red licorice in the state in which I live.

Assuming you're an employee at-will (meaning you don't have an employment contract or are a union employee), the employer is free to terminate you for any reason or no reason, provided the reason isn't unlawful.

So in your hypothetical, yes, the florist can fire you for eating red licorice, provided he fires everyone for eating red licorice. What he can't do is fire only the black employees who eat red licorice, or only the women, or only the Muslims or only the employees over 40, etc...

Edit to add--I assume your hypothetical is that the florist has a rule that prohibits eating red licorice at work. The florist cannot tell you that you can't eat red licorice at home. If that's what you meant, that was the argument the employee in Colorado made, but he lost because of federal law. So if your hypothetical prohibited eating licorice at home, the employer would have a problem unless federal law prohibits possessing red licorice.

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