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MLB Bans Players From Selling Or Investing In Marijuana

In a new memo, the MLB tells players don’t show up high, don’t deal marijuana, and don’t invest in the cannabis industry

This offseason, Major League Baseball made a significant step forward with marijuana reform. The league removed marijuana from its banned substance list, after the tragic death of Angels pitcher Tyler Skaggs, who overdosed on prescription opioids. Allowing the use of marijuana by players was in a part to manage the growing problem of opioid addiction in the league.

The caveat: Don’t dare show up to baseball parks and stadiums high on marijuana, wrote deputy commissioner Dan Halem in a league-wide memo. Furthermore, the MLB reserves the right to punish players for violating laws related to marijuana, including possession and distribution, as well as driving while under the influence.

According to ESPN, the memo states that players who “appear under the influence of marijuana or any other cannabinoid during any of the Club’s games, practices, workouts, meetings or otherwise during the course and within the scope of their employment” will experience a “mandatory evaluation,” possibly resulting in a treatment program. You’ve been warned, batters and outfielders: Don’t take too much CBD before the game, or risk punishment.

RELATED: NBA Commissioner On Basketball Players Using Marijuana: ‘It’s A Complicated Issue’

The MLB also wants to emphasize it will not advocate for players to use marijuana as part of medical treatment. “Club medical personnel are prohibited from prescribing, dispensing or recommending the use of marijuana or any other cannabinoid,” the memo reads.

Marijuana Is Now Legal In The MLB
Photo by Doug Pensinger/Staff/Getty Images

Most interesting, though, is that the MLB is banning players from investing in the cannabis industry. According to ESPN’s sources, there are players who have expressed interested in doing so. But the league has denied that right to players, though the MLB told players this may change in the future.

“Until such guidance is issued, any such investments or commercial arrangements are still considered to be prohibited in accordance with current practices,” the memo reads.

RELATED: Why Are Professional Golfers Obsessed With CBD Oil?

Here’s what the league should’ve included in its memo: Players can, however, use marijuana as a medicine, but we won’t inform them about the science behind it or offer any guidance.

What a mixed bag delivered to players, especially as the MLB is trying to combat its opioid problem. It remains unclear what authority the MLB has in prohibiting players from investing in marijuana. How strictly this rule will be enforced, or what penalty players will receive for breaking it, is a bridge the league appears comfortable once it’s been crossed.

5 Self-Care Tips You Wish You Had Adopted Sooner

Self-care is a term that includes a variety of behaviors, some of which you can start practicing today.

Taking care of your physical and mental health is something we should practice every day, not just when we’re sick or experiencing a sharp bout of anxiety. Learning how to eat better, develop helpful routines, and monitor your habits and thoughts will help you prevent stress and manage tough situations better.

While it’s hard to make space for “me time” while we’re worried about work, spending time with friends and family, and other everyday stressors, there are simple ways of sneaking in self care if you know where to look. Here are 5 self-care tops you wish you had adopted sooner.

Develop routines

Routines give us a blueprint of daily, often auto-pilot actions. Most of us follow these routines during key moments of the day, like before going to bed and upon waking.  Try to sneak in some helpful habits during these times of the day, such as limiting your smartphone usage, meditating and setting time limits when it comes to waking up and going to bed. Habit stacking is also useful, allowing us to remember that we’re supposed to do something helpful for ourselves, even if it’s only for a couple of minutes.

Make time for friends and family

5 ways cannabis can improve your summer
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RELATED: These Are The Wellness Trends You Should Know In 2020

While we usually associate self-care with alone time, surrounding yourself with friends and family is also another form of taking care of yourself. Hang out with people that leave you feeling energized and limit the time you spend with toxic people. Helping out a friend will make you feel better and will also ensure that someone will have your back when times get tough.

Take an interest in your health

Prioritize your health, making regular visits to the doctor and slowly try to cut bad habits. While drinking and eating fast foods occasionally is perfectly fine and good for you mental health, try to limit these behaviors on a weekly basis, creating more opportunities for exercising, eating healthy and taking care of yourself.

Pay attention to your thoughts

women with this odd quality have more orgasms says study
Photo by Thought Catalog via Burst

RELATED: 5 Meditation Techniques To Help You Stay Calm During Stressful Times

Self-monitoring is one of the best habits you can adopt for changing behaviors and breaking patterns. Psychology Today reports that self-monitoring allows you to keep track of your progress or lack of progress when it comes to achieving a goal. It’s a moment of reckoning when you spot unhelpful patterns that you commit to on a daily basis, but it’s a necessary step for viewing your progress and for setting realistic goals.

Listen to your emotions

Listening to your emotions is important for self-care, allowing you to identify sources of stress, triggers and more. Pay attention to your feelings, what actions and people make you feel happy or sad. Developing a better understanding of your emotions will allow you to make better decisions in the future and will teach you better coping habits when it facing moments of change and high stress.

Driven High With This Is A Felony

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Research published last year in the Journal of Studies on Alcohol and Drugs found that a lot of people with THC coursing through their veins are driving around with minors riding shotgun.

Driving high with this a felony, for good reason. Driving with THC in your system with a couple of kids in the backseat might sound as irresponsible as it gets. After all, while there is still some contention over whether someone who has smoked marijuana is as dangerous behind the wheel as a person who’s two sheets to the wind on booze, most of us can agree that driving under the influence of weed probably isn’t the best idea when kids are around.  

But because of how cannabis metabolizes in the body, a parent or guardian could still get busted for stoned driving with their children in tow, an offense that’s not only going to lead to them getting arrested in most states — even where marijuana is legal — it could also lead to criminal charges. 

Research published last year in the Journal of Studies on Alcohol and Drugs found that a lot of people with THC coursing through their veins are driving around with minors riding shotgun. Approximately 14% of motorists (2,056 surveyed, all in Washington State) with children in their vehicle tested positive for THC, according to researchers with Insurance Institute for Highway Safety. 

Now, this, of course, doesn’t mean that all of those people were driving impaired. Marijuana metabolizes differently than alcohol, so some (if not all) of the participants may have just consumed marijuana in the past 30 days or so. But in real life, if a cannabis user happens to get caught by police in this scenario, chances are they would be arrested and taken to jail. Meanwhile, their kids would be turned over to Child Protective Services (CPS). All in all, the offender would be forced to complete a hoop-jumping installment plan before their lives could return to normal. 

RELATED: The Number Of People Who Get Behind The Wheel After Smoking Weed Will Surprise You

It can be bad enough when it’s just you, the driver, caught up in the confusion surrounding marijuana impairment. But when the kids get involved, it makes it ten times worse for everyone. Because the cops are going to charge you for Driving Under the Influence of Drugs (DUID) — something that can lead to the suspension of your driver’s license, fines and maybe some jail time — while they will also press additional charges because children were present at the time. 

is a cannabis dui really the same as drunk driving
Photo by Samuele Errico Piccarini via Unsplash

Some states refer to this as an “aggravating” factor, which allows them to seek tougher penalties for those caught operating a vehicle under the influence of drugs in the presence of a child. It can mean paying steeper fines, serving mandatory jail time, and having a felony on your record. 

That’s right, a felony.

Because in some states, driving high with a minor in the vehicle is considered child endangerment. It’s the same as if a person was caught driving under the influence of alcohol, illicit or prescription drugs. The law doesn’t care if a motorist has a medical marijuana card or whether weed is legal for recreational use. All a cop sees is a stoned driver with a kid in the backseat, so they go in for the kill. And remember, the motorist doesn’t actually have to be impaired to endure this wrath.

 RELATED: Here’s What You Should Know If You’re Caught Driving While High

And while it is inevitable that CPS is going to get involved in this situation, the good news is it doesn’t mean the parents will lose custody immediately. There is typically an investigation in these matters, which can be a grueling process in and of itself. Rest assured, the state is going to be in your business for a while until it gets sorted out. So, it’s always best to just avoid these encounters. That means not smoking marijuana in your vehicle, not toting around weed and paraphernalia in plain sight. You never want to give an officer any reason to suspect that you’re driving high. 

Legal professionals advise anyone caught driving high (regardless of whether a child was present or not) to get an attorney and go to trial. Since there isn’t any science yet to prove marijuana impairment, many jurors in legal states have had no choice but to acquit these cases. Unfortunately, the law has got cannabis users by the ears if they happen to get busted in areas of prohibition. So, be careful out there, folks. Marijuana is progressing, but it could still rip your family apart.

5 Things Employers Should Know About CBD

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It’s important for employers to understand the compound and the benefits and hindrances it could provide for employees.

The CBD industry is booming and shows signs of not going away anytime soon. While more and more businesses continue to incorporate the compound with differing levels of success, people continue to be as intrigued by CBD as ever, finding it accessible enough to want to incorporate it into their lives, be that for health or fun.

With this environment in mind, it’s important for employers to understand the compound and the benefits and hindrances it could provide for employees. Since CBD has connections with marijuana and the legality of that topic remains complex, it’s best if employers are just as informed as users who consume the compound. Here are 5 things employers should know about CBD:

It doesn’t cause impairment

When CBD is ingested correctly, it shouldn’t provide any kind of negative side effects. The compound is unlike THC in that it doesn’t produce a psychoactive experience despite having an effect on anxiety and depression.

When the compound is consumed incorrectly, say by mixing it with other elements or by taking a dose that is too large, side effects like drowsiness, nausea and diarrhea have been reported.

Most of the time it’s legal

5 Common Myths About Hemp Oil And CBD Oil
Photo by Tinnakorn Jorruang/Getty Images

RELATED: Sephora Becomes First Retailer To Create CBD Standards For Products

As long as CBD products contain less than 0.3% of THC, they are legal nationwide. The problem with this is that the math on CBD dosages is still a little off, meaning that some products may contain more or less CBD than the amount they advertise. The legality of the product also depends on the state where you live, and if the CBD was taken from a marijuana plant.

It can cause positive drug tests

If the CBD oil is sourced from a marijuana plant, or if the product is mislabeled and contains more THC than it’s supposed to, it’s possible for them to trigger positive drug tests. These drug tests measure the presence of THC in people’s systems and there’s currently no test out there that measures CBD.

Learn about CBD policies

By 2024 The US CBD Skincare Market Will Be Worth Over $950 Billion
Photo by Rebecca Wiggins via Unsplash; Illustration by cheifyc via Pixabay

RELATED: Do Tolerance Breaks Work For CBD?

Since CBD can be utilized for medicinal purposes and most of the time is harmless, it may be worthwhile to investigate CBD policies and see if it makes sense to implement one in the workplace. Train managers and everyone who’s in charge of coming in contact with employees who might be using CBD for a variety of reasons.

Keep an eye on state laws 

One of the most important things to keep in mind is the fact that CBD laws vary depending on the state. While some are lenient, others are not, and your workplace should be aware of this if they wish to avoid any legal issues with employees and the products they are using.

You Should Reconsider Using Store-Bought CBD To Treat Seizures

Among patients with rare forms of epilepsy, artisanal CBD increased seizures while pharmaceutical CBD caused seizure reduction.

When cannabidiol (CBD) became a recommended wellness product for balancing aches, moods, and inflammation, it created a multi-billion-dollar industry designed at capturing this suddenly booming market. Multiple brands blossomed, wrapping their goods in artisanal packaging and approachable design to uninformed consumers. Not all these companies acted in bad faith, but just as many viewed it as product to be sold, complicating the matter for those who needed it as medicine.

If you are using CBD to treat illnesses like epilepsy, you should reconsider where you’re getting your goods from. According to new research, children and teenagers using pharmaceutical-grade CBD experienced higher levels of seizure control than those using artisanal CBD goods. A couple years ago, the Food and Drug Administration approved using marijuana-derived medication to treat two rare forms of childhood epilepsy, Dravet syndrome and Lennox-Gastaut syndrome, because patients didn’t respond to traditional medicine.

Some have mistaken this news to mean all CBD goods will treats epileptic patients equally, but this new study shows how artisanal CBD often contains unreliable CBD levels. Artisanal CBD can mistakenly contain THC, the psychoactive cannabinoid in marijuana, even when labels declare the product “THC-free.” Pharmaceutical-grade CBD does not have any THC, according to researchers.

RELATED: Marijuana’s CBD Can Help Sufferers Of Lennox–Gastaut Syndrome

“The use of medical cannabis to treat various medical conditions has grown in recent years. While not always legal, artisanal CBD has been available longer, so some people have been using it to treat epilepsy for years,” study author Nathan T. Cohen said in a statement. “They may want to reconsider because our research indicates that pharmaceutical CBD may indeed be more effective than artisanal CBD.”

CBD Might Help Treat Seizures Triggered By Rare Genetic Disorder
Photo by geralt via Pixabay

In the small study, which will be published later this year, scientists followed 31 children and teens with an average age of 10 for about a year. Each of the participants had some form of epilepsy, including 32% with Lennox-Gastaut syndrome and 6% with Dravet syndrome. Among this group, 22 patients were using pharmaceutical CBD while the other nine took artisanal CBD. Scientists then recorded variables like seizure history, doses of CBD, CBD levels in the blood, reduction in seizures, and whether anyone experienced any side effects.

Most striking in the small sample size is how CBD treated the number of seizures in patients. At around the year mark, researchers reported that patients taking artisanal CBD had a 70% increase in seizures while those using pharmaceutical CBD had a 39% decrease. In addition, pharmaceutical CBD resulted in around four times the CBD serum levels in a patients blood when compared to artisanal CBD.

RELATED: The Truth About CBD: What’s Real And What’s Hype?

It’s worth adding that 11 patients taking pharmaceutical CBD experienced adverse side effects, including appetite loss, nausea, drowsiness, and diarrhea. These side effects caused six participants to stop taking CBD. Researchers added the sample size was too small to draw definitive conclusions, but hopes the information will help patients and physicians.

“It’s our practice, when appropriate, to encourage transition from artisanal to pharmaceutical CBD,” Cohen told MedPage Today. “We hope that physicians—and patients and their families—can use this data to help make better-informed decisions about cannabidiol-based products to treat pharmaco-resistant epilepsy.

Tucker Carlson Is High On Reefer Madness

The FOX News host has an obsession with marijuana, and his reefer madness is becoming unhealthy for everyone involved.

Apparently, this is Tucker Carlson’s schtick now. Incite decades-old and debunked reefer madness to enrage conservative listeners about the secret, evil plan to legalize marijuana and brainwash Americans. It seems Tucker Carlson is high on Reefer Madness.

He told viewers last November Democrats supported cannabis reform so they could dumb down young voters and numb them out. The House, Carlson said the month prior, passed the SAFE Banking Act so it would “be easier to sell drugs to Americans.” (Marijuana companies aren’t afforded same financial advantages as small business across the country, meaning if they fail, bankruptcy isn’t an option.) He also blamed the tragic mass shootings on cannabis, using widely discredited science to link chronic marijuana use to acts of violence.

You would think viewers would catch on to the act by now. But Tucker Carlson saw Donald Trump doubling down on his anti-marijuana rhetoric, and said, watch what I can do. In a recent segment, Carlson dismissed the War on Drugs as not that serious and characterized Bernie Sanders’ intention to legalize cannabis through executive order as a conspiracy against the underemployed middle class.

RELATED: Do The Feds Really Think Marijuana Is As Dangerous As Heroin?

“Oh, the war on drugs! Bernie Sanders talks about that in every speech he gives,” Carlson said, as captured by Mediate. “A declining country with a sad underemployed middle class obviously needs to smoke a ton more weed. That’s Bernie’s solution…Fire up a bowl. Numb out. Maybe you won’t notice.”

Tucker Carlson- Dems Support Marijuana, With Hopes You'll Be Too High To Pay Student Loans
Photo by Chip Somodevilla/Staff/Getty Images

But Carlson revealed his more sinister opinions when discussing social equality in the cannabis industry. Under Sanders’ plan, communities of color disproportionately affected by the War on Drugs will be given funding and opportunity to launch marijuana businesses. As Sanders said at a recent debate, this will allow small-time as well as minority-owned “businesses to sell legal marijuana rather than let a few corporations…control the legalized marijuana market.”

Carlson took this as an opportunity to incite moral panic in white, conservative audiences.

“Where is this weed going to come from? Bernie has a plan for that, too. Black people are going to sell it to you,” he said.

RELATED: Bernie Sanders Says He’ll Legalize Marijuana First Day As President — Is That Possible?

“So first, they fill black neighborhoods with abortion clinics. Now the frontrunner is encouraging more black kids to sell drugs, but somehow this is the party that loves black America.”

Who is this racist prohibitionist rhetoric playing to? The majority of Americans now support marijuana legalization, according to the latest polling data. Every generation except those ages 73 and older, otherwise known as The Silent Generation, believe in ending cannabis prohibition. If this schtick is working on anyone, perhaps there’s your demographic.

Coronavirus Fears Abating In China As Vape Production Fires Back Up

Vape pens are still the second biggest cannabis category behind flower. In the U.S., sales rose from 21% of the market in 2018 to 23% of the market in 2019.

TILT Holdings Inc.  (CSE: TILT) (OTCQB: TLLTF) vape subsidiary Jupiter Research said it was back online following Chinese New Year and minor delays associated with the novel coronavirus COVID-19. The virus caused many parts of the country to impose strict quarantines on its residents. This resulted in several factories having to shut down as employees stayed home.

“We are proud to report that manufacturing lines have been open since February 17, 2020, and can confirm our first post-Chinese New Year ocean and air shipments are en route,” stated Mark Scatterday, CEO of TILT and founder/CEO of Jupiter Research. “Each year, Jupiter strategically forecasts inventory positions for the Chinese New Year holiday and beyond, which aims to navigate our customers’ needs when production is halted for a variety of reasons. With the product on hand stateside, our sales team has been actively receiving orders and fulfilling customer requests, along with our in-house print operations increasing capacity for domestic fulfillment.”

The vape industry struggled throughout 2019 as the vape crisis caused numerous deaths and multiple hospitalizations. The FDA ultimately determined that it was illicit market vape products that had caused the crisis. These companies were adding in fillers like Vitamin E which had disastrous results. Consumers have now learned to only purchase products from reputable sources.

RELATED: As China’s Hemp Industry Suffers, US Hemp Growers Prepare To Pounce

“The Coronavirus outbreak in China has caused production delays across all industries, including ours, which produce products in Shenzhen and other manufacturing hubs along the China coast. Jupiter’s customer’s orders are being produced and shipped, which shows progress our manufacturers and Asian operations team have made. Our inventory position paired with our in-house print production has enabled our ability to continue placing P.O.’s, fulfill both custom and stock orders, and navigate the future potential for unforeseen delays in manufacturing,” added Mr. Scatterday.

How The Coronavirus Surprisingly Affects The Marijuana Industry
Photo by Tomohiro Ohsumi/Stringer/Getty Images

The pause in production in China may have been an unexpected pleasant surprise. According to Cowen analyst Vivien Azer, the industry was reporting high levels of oil inventory. Vape pens are still the second biggest cannabis category behind flower, and in the U.S. sales rose from 21% of the market in 2018 to 23% of the market in 2019 according to data provided by Headset and Cowen.

RELATED: How Safe Do Consumers Really Feel After Recent Vaping Illness?

A TILT statement said that all of its raw materials undergo a UV sterilization process prior to entering the production floor. Medical grade ethanol, known as an antiseptic for its bactericidal and antifungal effects, is currently used to clean the assembled components at several stages of the manufacturing process.

“Our ongoing commitment at Jupiter is to employee and customer safety, and the highest level of manufacturing processes,” Mr. Scatterday said. “We are optimistic for the future, and we appreciate our customers’ continued confidence and support.”

This article originally appeared on Green Market Report.

Can You Trust CBD Ads On Social Media?

Despite CBD’s wide reaching popularity, purchasing these products requires a good amount of research and care.

Social media is a great place to look for products, because whether it’s Instagram or Facebook, these platforms can easily connect you with stuff you enjoy. There’s also an algorithm that keeps track of your online behavior, showing you products that fit your tastes. As of late, however, social media has become a space filled with ads and sponsored posts. This should make us all think twice before hitting that purchase button, especially when it comes to CBD.

While it’s easy to trust clothing brands and the like, Instagram and other social media sites have a complicated relationship with health supplements, which is the category where CBD falls.

RELATED: How To Spot Fake CBD

Despite not having FDA approval, many businesses have tried to cash in on CBD, developing their own versions of the product and trying to get as many people as possible invested in their business. Add this to the fact that influencers are now getting paid to sponsor products they likely don’t even try out, and you get high odds of purchasing something that isn’t worth your money.

Which Royals Have Secret Social Media Accounts?
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Different studies have demonstrated that marijuana related health claims made on social media are mostly made up of lies and exaggerations. These statements are made without having any scientific support, the majority of them spread by bots. These claims are even more off base when applied to CBD, a compound that has different businesses claiming it can cure all sorts of diseases.

RELATED: Social Media Bans On CBD Ads Make No Sense

CBD stands in a precarious position right now, with many businesses capitalizing on the fact that there are no guidelines, regulations and that people are vastly misinformed. While influencers are great sources of information for makeup products, music recommendations and video game reviews, when it comes to elements that could have a significant impact on your health, you’re better off confiding with an expert or doing your own research.

Before purchasing a CBD product, it’s always important to verify the website, look for certificates of analysis (COA) and try to get a complete picture of what’s in the product. It might not be a fun process, but it will likely connect you with a product that actually delivers on its promises and that will leave you with a positive impression regarding the compound.

Study Finds Link Between Depression And Marijuana Use During Pregnancy

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Researchers from Columbia University found that women with depression are more than three times as likely to use cannabis during pregnancy.

Using marijuana while pregnant is among the most debated topics in the cannabis space right now. Some studies found babies exposed to marijuana in their mother’s womb were later undersized and could result in premature births. Others question the efficacy of such research. We don’t know if the damage caused is because of the THC cannabinoid, or if inhaling smoke of any substance is to blame.

What we do know is that more women than ever are using marijuana while pregnant. In California, cannabis use during pregnancy doubled between 2009 and 2016. And now, new research from Columbia University has determined that depression could play a meaningful role on whether a pregnant woman does or doesn’t use cannabis.

The study, published in the Drug and Alcohol Dependence journal, found that women with depression are more than three times as likely to use cannabis during pregnancy. In fact, more than one in 10 pregnant women with depression admitted to past-month marijuana use. For teenagers, that figure jumps dramatically; one in four pregnant teens with depression said they used cannabis in the past month.

RELATED: Study Links Marijuana And Pregnancy Use To Infant Health Risks

“Our findings are timely given rapidly shifting perceptions about risks associated with cannabis use and its legalization,” lead study author Renee Goodwin said in a statement. “We found the prevalence of cannabis use was much higher among those with depression who perceived no risk (24%) relative to those who perceived moderate-great risk associated with use (5.5%).”

pregnancy and marijuana use, prenatal exposure
Photo by freestocks.org via Pexels

Researchers analyzed data from the 2005-2018 National Survey on Drug Use and Health, which is a cross-sectional annual survey of Americans ages 12 and older. Scientists considered the individual a “current cannabis user” if they had used marijuana at least once in the past 30 days. They then investigated what role depression had in these responses, as well as if the perception of risk associated with marijuana influenced decision making.

Pregnant women without depression varied greatly on using cannabis depending on that risk level. Those who perceived no risk used marijuana (16.5%) significantly higher than those who perceived moderate-great risk (0.9%). When compared to women with depression, though, both groups used cannabis at substantially lower levels.

RELATED: Here’s What Pregnant And Breastfeeding Women Need To Know About CBD

But scientists remained most concerned about pregnant teenagers with depression, believing more education is needed.

“As brain development is ongoing until age 25, cannabis use in this group may increase risks for both mother and offspring,” said Goodwin. “Our results provide recent nationally representative estimates suggesting that education and intervention efforts should be targeted at pregnant teens.”

The Truth About MMJ Card Protection In Employment

The truth is, the federal government and the disability laws put in place do not protect employees who consume medical marijuana.

The United States government defines disability as: a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

In 1990, the Americans with Disabilities Act (ADA) was signed into law, banning discrimination against those with physical and invisible disabilities. Among its five titles is ADA Title I, which applies to employment.

With this law in place, one would think that the ADA protects disabled individuals with a legal medicinal marijuana card (MMJ card) in their legal state. The truth is, the federal government and the disability laws put in place do not protect employees who consume marijuana.

What is The Americans with Disabilities Act (ADA)?

The ADA is a federal disability rights law that prohibits discrimination on the basis of disability in: employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. 

The law prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities during the application process, when considering hiring and firing, when considering promotions and compensation, and other terms, conditions, and privileges of employment.

Is It Possible For Medical Marijuana To Go Bad?
Photo by Rouzes/Getty Images

The ADA Interactive Process

Employees and applicants with a disability/medical condition can request a reasonable accommodation from their employer/prospective employer that would allow them to do the job in question. Examples of reasonable accommodations:

  •         Larger computer monitors
  •         Altered shift for treatments
  •         Moving to a new position
  •         Allowing breaks for medicine consumption

When the employer learns of the employee’s/prospective employee’s medical condition/disability, the employer must start the interactive process. Not doing so is an ADA violation and grounds for an Equal Employment Opportunity Commission (EEOC) complaint filing on the employee’s behalf.

RELATED: Will Testing Potential Employees For Marijuana Become A Thing Of The Past?

Part of the interactive process is reviewing the essential job functions of the position in question. At this stage, the employer and employee should identify potential barriers to performing the job. This includes learning about exact limitations and the type of accommodations that would be most effective.

The Reason Employers Can Say No to Marijuana 

During the interactive process, an employer can return an answer of “no accommodation” if the accommodation is a request to consume medicinal marijuana (this is not the case in certain states- more on this later). This is allowed because marijuana/ cannabis remains federally illegal.

Cannabis hemp is federally legal, however, cannabis marijuana (cannabis with more than 0.3% THC) is not. Employers are allowed to discriminate against an MMJ card holder/cannabis patient- simply on the basis of their form of medicine.

States that Have Laws Protecting MMJ Card Holders/ Cannabis Patients

There are about 3,099,934 MMJ card holders/cannabis patient’s in the United States. Thankfully, a number of states have stepped in to offer state level employment protections for those with MMJ patients, including: Arizona, Arkansas, Illinois, Maine, Massachusetts, Minnesota, Connecticut, Nevada, New Jersey, Delaware, New York, Oklahoma, Pennsylvania, Rhode Island, West Virginia, and New Mexico.

RELATED: End Of Pre-Employment Drug Testing Doesn’t Mean You Can’t Still Be Fired For Marijuana

In these states, there is some level of protection for marijuana/cannabis consumption. Other states have passed laws that prohibit discrimination against MMJ card holders/cannabis patients based solely on drug tests, including: New York, Arizona, Pennsylvania, Oklahoma, Connecticut, Delaware, Illinois, Maine, Minnesota, and Nevada.

Federal Employees/Contractors and The Federal Drug Free Workplace Act 

Federal level projections are somewhat in place for federal employees and contractors. Though the Federal Drug Free Workplace Act requires entities that contract with the federal government to enforce zero-tolerance drug policies; the act doesn’t regulate drug use outside of work hours, and doesn’t require drug testing.

It’s important for employees and prospective employees to research laws for the state that they are employed in. Equally important is diving into employer policies regarding medication/”drug” use. It is important to know your rights so that you are able to effectively discuss your needs and the employers obligation under state law(s).

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