Current marijuana laws have made criminals out of millions of Americans who love smoking it. Untold thousands have served prison time for marijuana use. Organized crime has reaped I don’t know how many billions of dollars in marijuana trade. And many people have died in that criminal traffic. So let’s legalize it! No!
One can look to alcohol prohibition and determine that we are much better off having re-legalized and controlled the sale, distribution and use of alcohol. We eliminated much of the criminal traffic in alcohol and saved our citizens from unnecessary intrusion into their personal lives by the police. So then we should legalize marijuana now! No!
But we can make lots of money taxing marijuana users, just like we do with cigarette smokers. We’d build bridges, schools, cultural centers, roadways, on the backs of people who are happy to get a legal high. So let’s make it legal and tax the hell out of it! No!
There are sound moral, legal, financial, religious, cultural and medical arguments for and against the legalization of marijuana.
I won’t convince anyone in this post to change their position.
So why bother saying anything if people’s minds are made up?
As an employer or manager, you should vote No because if a liability occurs due to the negligent abuse of marijuana, there will be no easy way of proving it in court. Since marijuana lingers in the system long after it’s’ use, how do you easily determine when or where it was used. At what point is one not intoxicated?
Under California Proposition 19, attempts by employers to maintain a drug free workplace will be impossible. An employer can state that they require a drug free workplace. But you can’t discipline a marijuana user if you can’t prove that the activity happened on the job. Under Prop 19, a marijuana user can smoke freely on his or her personal time. That includes lunchtime or any legally required breaks. Not all, but many marijuana user will come out of the woodwork, openly smoking and flaunting their habit, regardless of the public welfare. Marijuana users themselves joyfully associate use with a lazy, devil-may-care mentality. Why should they care more about their employers than their right to a smoke during break?
What impact would this have on factory line injuries? Do we have a definition of what defines marijuana intoxication? No. In the past, possession was enough to prosecute. If Prop 19 passes, employers will be stripped of any protections from liability claims… many of which will come from workmen’s compensation claims of marijuana users who are injured due to their own irresponsible behavior.
How are service companies with a mobile work force to protect themselves against liabilities stemming from marijuana induced traffic accidents? The post-accident finding of marijuana in the system of a marijuana user does not prove intoxication and cannot identify any clear timeline. Was the use on the job or off the job? Did it constitute impairment? Was the accident simply fate and the smoking just a secondary unrelated, personal time activity? We’ll never know.
Drug testing is expensive. Preventive random drug screening of all employees would be even more expensive. Even if drugs were found in the system of drug users, what recourse would there be if you can’t identify the place and time of intoxication or what constitutes intoxication?
No amount of testing will protect employers from lawsuits and workmen’s compensation claims. Employers will be stripped naked, laid bare at the mercy of legal drug users.
This legislation will kill trust between workers and employers. It is anti-business. It will unjustly force many businesses to close and others never to open. If workers value their jobs and the growth of our economy, they too should seriously add employer liability as a reason to vote against this flawed proposition.
Despite the allure of reaping billions of dollars in tax revenues and saving so much human pain from the current criminal status of marijuana, my argument here is only one of the many unintended side-affects of marijuana legalization.
Vote No on Proposition 19.
Aside from my vote on California Proposition 19, I oppose harsh penalties for possession of small quantities of marijuana.
California Proposition 19 simply goes way too far for me.