Issue link: https://www.epageflip.net/i/8354
6A– Daily News – Saturday, March 27, 2010 Jobs not protected for medical pot users Federal, state rules blur issue of guns in national parks SACRAMENTO (MCT) — Tens of thou- sands of Californians are obtaining medical mari- juana recommendations from physicians so they can use pot without fear of arrest. But they still can lose their jobs. California's Proposi- tion 215, passed by voters in 1996, approved the use of marijuana for a wide range of ailments. But it doesn't require employers to make accommodations or waive any workplace rules for legal cannabis users. And a state Supreme Court ruling affirmed that medical pot use can get you fired by a disapprov- ing employer. Christian Hughes, 33, just found that out. For five years, he was a manager at a senior citi- zens apartment complex near Redding. Unknown to residents, he used mar- ijuana to dull pain from a jaw shattered in a car accident. Recently, a new com- pany bought the apart- ment complex and ordered drug testing for employees. "I tried to explain my situation," Hughes said. After his test results came in last month, he was dismissed. Joe Elford, legal coun- ber of Commerce fought the legislation, Assembly Bill 2279 by then-Assem- blyman Mark Leno, D- San Francisco. It hasn't eased its opposition to workplace protections for medical pot. "It really boils down to this: An employer's right to maintain a drug-free workplace is critical," said Denise Davis, the California Chamber's vice president for media rela- tions. "It protects the safe- ty of all workers and lim- its exposure to potentially costly litigation." sel for Americans for Safe Access, an advocate for medical marijuana patients, said people such as Hughes don't have much protection. "The California Supreme Court gave carte blanche for employers to discriminate against med- ical marijuana patients," Elford said. "However, that doesn't mean they have to." Elford argued before the state Supreme Court on behalf of Gary Ross in a landmark 2008 case. Ross, of Carmichael, Happy Easter was fired after 10 days as a lead systems adminis- trator for a Sacramento firm, RagingWire Telecommunications. He told a clinician per- forming a drug test as a condition of his hiring that he had a medical marijuana recommenda- tion for back pain and spasms from injuries sus- tained in the U.S. Air Force. When the results came in, Ross was out of work. The Supreme Court rejected his argument that he was protected from job discrimination under the California Fair Employ- ment and Housing Act as a qualified pot patient under Proposition 215. "Nothing in the text or history of the (Proposition 215) Compassionate Use Act suggests that the vot- ers intended the measure to address the respective rights and obligations of employers and employ- ees," the court ruled. Advocates for private employers argued strenu- ously against legislation — advanced after the court decision — to ban discrimination in hiring or firing of workers for being medical marijuana patients. The California Cham- The state of California has no policy in place when it comes to medical marijuana, said Lynelle Jolley, a spokeswoman for the Department of Person- nel Administration. Forty state agencies can dismiss employees based on tests for "reason- able suspicion" of drug or alcohol use. They include the Highway Patrol, Department of Correc- tions and Rehabilitation, Department of Motor Vehicles, Lottery Com- mission, California Public Employees' Retirement System and Museum of Science and Industry. The U.S. Department of Transportation declared last year that workers from aircraft pilots to school bus dri- vers can't legally smoke pot, even in states allow- ing medical use. The pot issue recently arose in Michigan when a Wal-Mart store fired Joseph Casias, an employee who had been using marijuana under Michigan's medical pot law for pain from sinus cancer and a brain tumor. Casias claimed he never came to work high. But he was fired this month after being tested for drugs fol- lowing an on-the-job knee injury. FRESNO (MCT) — Federal law now allows visitors to carry guns in national parks, but you can't just slip a loaded pistol into your backpack and take a hike. Pay attention, because this is a little complicated. You will need a concealed weapons permit to carry the loaded gun in the backpack. But you don't need any kind of permit if you just want to stash your loaded weapon in the tent. At the same time, unless you feel your life is being threatened, don't shoot the gun at all. What's going on? Guns in national parks are now under both state and federal restrictions, and the result can be con- fusing. State law generally applies to the way guns are carried and how a concealed weapons permit is enforced. Califor- nia's odd exemptions to the concealed weapons rule include sleeping in a tent, which is considered your temporary home. Federal restrictions aim at a bigger picture. They do not allow guns in many federal buildings, such as park visitor centers. They also forbid hunting, target shooting or even firing a gun. "The fact is, you still can't use a weapon in the park," said Steve Shackelton, former chief ranger of Yosemite Nation- al Park. "I don't think we'll see much of a difference with this law in Yosemite." Still, officials across the country now must make sense of differing state gun laws in each national park as the tourist season approaches, said Shackelton, who is now associate director for visitor and resource protection for the National Park Service in Washington, D.C. Supporters of the new federal law said it makes national parks consistent with policy over vast federal acreage in national forests where carrying a gun is legal. They say car- rying a gun is a right protected by the Second Amendment. But passage of the law disappointed rangers associations and the National Parks and Conservation Association, a parks advocacy group based in Washington, D.C. They tenaciously opposed the law for years, fearing an increase in wildlife poaching and danger to visitors. The opponents ask: Will someone get hurt if a nervous camper fires a gun to scare away a bear? "We don't know what will happen," said Bryan Faehner of the Parks and Conservation Association. "That's why we fought this law tooth and nail." Though Shackelton does not expect problems, he said there may be incidents that will require rangers to take action. For example, he warned hunters not to use the sight- ing scopes on their rifles to admire deer or other animals in the distance. "We don't know if the rifle is loaded or not," Shackelton said. "So we will seize it. If you want to look at the wildlife, take the scope off the rifle or bring binoculars." Rangers and other federal officials will focus on educat- ing visitors about rules and safety, Shackelton said. Many visitors won't carry guns anyway, he said. But there will be challenges in observing some state laws, especially in places such as Yellowstone, which includes parts of three states — Wyoming, Montana and Idaho. Montana recognizes concealed weapons permits from more than 40 states. Wyoming recognizes fewer than 25 states. A visitor may own a permit from a state that is legal in Montana, but the same permit may not be legal in Wyoming. California doesn't allow concealed weapons permits from any other state. That's not the knock on California's law, though. The law is just confusing, said Mike Stollenwerk, co-founder of OpenCarry.org, an Internet-based group supporting the right to carry holstered handguns. Bartlett & Spence and • Payroll Open year around 1395 Montgomery Rd. • Bookkeeping Red Bluff, Ca • 527-2276 Marie Bartlett & Shirley Spence ●●●●●●●●●●●●●●●●●●● Welcomes Photographer & Western Artist Linda Rosser 40 years of “Red Bluff Round Up” Photos Plus 34 frames of Lane Frost on Red Rock Friday April • 2nd 5-7 April 10th • 10-4 April 17th • 12-3 623 Main St. 527-5180 Barber Shop $ Cheers Now Enrolling Children Recently expanded and moved near Bidwell Elementary License # 525405817 (530) 209-8743 My qualifications include: B.A. in Elementary Education and experience teaching grades K-8. Accepting state pay programs & cash pay, etc. 530-528-8120 10 Gilmore Rd. Red Bluff Corner of Antelope & Gilmore 600 Senior Cuts Open 6 days 9-6 570-2304 259 S. Main St. Tractor Supply Center Watch for the Limited time offer expires March. 31, 2010. 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