Law school exam question
I attended a continuing legal education course (CLE) yesterday covering hot topics in employment law. The two hot topics were (1) the Uniformed Services Employment and Reemployment Rights Act (USERRA), which allows folks called to service to get their jobs back when they return, and (2) a recent case holding that Oregon's Medical Marijuna Act prohibits an employer from firing an employee for testing positive for marijuana if the employee has a medical marijuana card.
The reasoning behind the case was that use (as demonstrated by the most common test) does not necessarily mean that the drug is influencing the worker 24-48 hours later. For that, you might need a "nacho test" of some sort.
I wanted to pose a hypothetical a member of the armed forces returning from Iraq with post-traumatic stress disorder treatable only by marijuana. Might have been amusing, but the answer is simple: He gets to keep his job, unless it is in law enforcement.
The reasoning behind the case was that use (as demonstrated by the most common test) does not necessarily mean that the drug is influencing the worker 24-48 hours later. For that, you might need a "nacho test" of some sort.
I wanted to pose a hypothetical a member of the armed forces returning from Iraq with post-traumatic stress disorder treatable only by marijuana. Might have been amusing, but the answer is simple: He gets to keep his job, unless it is in law enforcement.
posted by Derek the Great at 6:38 AM
2 Comments:
What do you mean by a "nacho test?"
My understanding is that it works like this: You wave nachos under the nose of a marijuana user, and if he or she is under the influence, the munchies will betray him. :^)
Post a Comment
<< Home