Global Ganja Report

Rights for medicinal cannabis users in the workplace have not kept pace with the law in states that have embraced medical and even “recreational” use. Now a case in Vermont may push state and federal authorities alike to close the loopholes that allow workers to be dismissed—and denied unemployment insurance—for using state-legal medicine.

Small producers have long been wary of the cannabis industry coming under domination by multi-state operators with the worst practices of corporate America. But the revelations of Russian oligarch money in the coffers of leading MSO Curaleaf appear to vindicate even the most cynical observers. These follow a slew of controversies concerning product safety and labor rights at the company.

The Connecticut state Senate on June 17 approved a cannabis legalization bill—one day after the House passed a revised version of the bill that has the support of Gov. Ned Lamont. The legislation establishes a framework for a recreational market for adults over the age of 21.

New York's Gov. Cuomo is broaching a cannabis common market for the tri-state area, joining with New Jersey and Connecticut to harmonize regulations and even cooperate in joint purchasing. But the move is being considered partly as a reaction to the vaping scare, and official statements reveal some dangerous confusion as to the distinction between vaping cannabis extracts and smoking actual cannabis.

Advocates increasingly assert that cannabis legalization is not fully realized unless workers are guaranteed their right to employment even if they partake of the herb off-hours. Some states are finally taking measures to rein in the use of urine-test results as an excuse to fire or turn down job applicants.

In a sign of progress, the courts are increasingly siding with employees fired for use of cannabis under state medical marijuana programs. The latest such victory comes from Arizona, where precedent has been set. Other states, however, are still awaiting legal clarity on the question.

A former Arizona Walmart employee and card-holding medical marijuana patient who was fired after testing positive for cannabis has won a wrongful termination suit in federal court.

After years of upholding employee firings for use of cannabis even under state medical marijuana programs, the courts are finally starting to turn around on the question.

One of the ways state medical marijuana programs have failed to fully extend protection to medicinal users is in failure to defend against employment discrimination. This is now beginning to change, thanks to a few recent court decisions in favor of patients and employees.

Back in March, Connecticut's Supreme Court, the state's highest, ruled that those convicted of past cannabis possession misdemeanors can have the charges erased from their records because the state decriminalized the herb in 2011. The  unanimous ruling came in the case of Nicholas Menditto, who will now have his 2009 possession conviction expunged from his record. (The Joint Blog, March 17; AP, March 16) Last week, reporter Jon Campbell wrote in New York's Village Voice that activists in the Empire State are hoping for a similar outcome. New York was one of the first states to decriminalize, way back in '77, and the cut-off point for an infraction rather than a misdemeanor is a full ounce (as opposed to a half-ounce under the Connecticut law). But New York pot arrests have ironically continued at the highest rate in the country—especially in the Big Apple, under the aggressive policing since the '90s. The loophole that cops used? Cannabis in public view remains illegal—and suspects are basically forced into pulling out their stashes when stopped by cops and ordered to empty their pockets.