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Hello out there,
Aloha to thee. Carl is our friend and a long-time dedicated activist for religious / spiritual rights for Cannabis sacrament. If he’s new to you please Google search his resume.
For Buddy and Lynn and your Hawai’i medical marijuana newspaper; I recommend you interview Carl for one of the next issues. He knows his stuff and can likely provide you and your readers with a legal strategy that’s more effective than what’s commonly known and used.
All the best to everyone,
Roger
:-p
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—-Carl on 4/28/2013 5:06 PM wrote:
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It all comes down to this. No state should legalize medical marijuana without challenging federal scheduling. And I don’t mean asking the DEA if its okay. Its a state decision, affirmed by Gonzales v. Oregon, 546 U.S. 243 (2006). No defendant in any federal marijuana case should ever agree that marijuana is properly classified under federal law. That’s it. That explains everything. It’s too simple to be asking questions about. Just get it.
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I haven’t read the decision yet, but it sounds simple to me. Its still a federal crime. Colorado never sued the USDOJ like Oregon did. What a bunch of morons. If I have anything different to say after I read the decision, I’ll let you know. I’m just letting you know now that I can forecast these rulings. I would not be challenging federal scheduling if I did not think that was the problem. It all comes down to that.
ROGER CHRISTIE on 4/28/2013 7:25:34 PM wrote
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Hello out there,
Aloha to thee.
This is another perfect example of why we need to WIN our case and end federal prohibition in the next 90 days.
This ruling reminds me of the book I have called “Slave Species of the gods” by Michael Tellinger. What are two of the constants in human life since the beginning of time? Slavery and the high value of gold. Did the Anunnaki make us as their genetic slave species? Are they still in control?
This is one of the reasons why we value freedom and liberty so much; it’s the opposite of slavery. By the way, slavery was specifically prohibited by the Bill of Rights after the Civil War. This decision sounds like the last vestiges of slave masters who just don’t want to let their slaves/property go free. And this is Colorado, not Mississippi. WTFlip?
God, that’s great! Please show us the blessings in THIS situation … and hurry! We are safe, we are loved and all is well.
If someone can provide me with Brandon Coats’ mailing address I’ll gladly write him a letter of support. Mahalo.
All the best to everyone,
Roger
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—-St Cyr, Share on 4/28/2013 8:21 AM wrote:
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Colorado Appeals Court Rules Employers Can Fire Marijuana Users
By Phillip Smith, Stop the Drug War - Friday, April 26 2013
FOLLOW: APPEALS COURT BRANDON COATS COLORADO EMPLOYMENT FIRING MEDICAL MARIJUANA USA
Colorado employers can legally fire marijuana users from their jobs, the state Court of Appeals ruled Thursday in a 2-1 decision. Although the case was brought by a medical marijuana user, the ruling will have any even broader impact given that the state has now legalized marijuana for all adults.
The case was Coats v. Dish Network LLC, in which Brandon Coats, a quadriplegic telephone operator for Dish Network and registered medical marijuana patient, was fired by Dish Network after testing positive for marijuana during a drug test. Paralyzed by a car crash as a teen, Coats had been a registered patient since 2009. Dish Network cited no other reason for firing Coats other than his positive drug test result.
Coats challenged his firing, citing Colorado’s Lawful Activities statute, which prohibits employers from firing workers for “engaging in any legal activity off the premises of the employer during nonworking hours.” But both the trial court and now the appeals court rejected his challenge, holding that because marijuana remains illegal under federal law, the Lawful Activities statute does not apply.
“For an activity to be lawful in Colorado, it must be permitted by, and not contrary to, both state and federal law,” the appeals court said.
Judge John Webb dissented, saying he could not find a case addressing whether Colorado judges must consider federal law in determining the meaning of the Colorado statute.
Coats’ attorney, Michael Evans, said in a statement that the ruling will have a broad impact in the state.
“This case not only impacts Mr. Coats, but also some 127,816 medical marijuana patient-employees in Colorado who could be summarily terminated even if they are in legal compliance with Colorado state law,” Evans said.
And with adult marijuana legalization now in place in the state, it is not just medical marijuana users who stand to be affected.
The ruling is expected to be appealed.
Similar rulings allowing employers to fire medical marijuana users have been upheld by courts in other states, including California, Michigan, and Montana.
- Article originally from Stop the Drug War, used with permission.
(image Associated Press/Ed Andrieski)
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Comments
Well I suppose that when all
Posted by InnocentToker on Apr 27 2013
Well I suppose that when all the “legal” smokers get fired and start drawing unemployment that the state will be ready to provide support to all the people who are now working hard. I suppose that the courts will decide to allow employers to fire gun owner, gays, unwed mothers, abortion supporters, muslims, christians, atheists, senior citizens and consumers of big gulps. Heck why not just allow slave masters to do whatever they want regardless of your level of performance and productivity. Oh wait did I mention that we are slaves?
I have always supported business owners right to fire someone for attendance, performance or capability (or lack of) but I hate the right to work laws in most states. I agreed to do a job for a wage and as long as I do that job, per the agreement, I should not loose my job based on my off hour activities and choices, criminal choices being the exception. Now didnt Colorado vote to allow adult consumption of cannabis? Didnt the state change the law to allow for adult cannabis consumption? Cannabis smoking is not criminal in the state of Colorado.
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What’s good for the goose is good for the gander
Posted by gutrod on Apr 28 2013
That would be fair if all cops, judges, teachers, doctors, government employee’s and politicians are forced to take urine tests as well. What’s good for the goose is good for the gander. Beyond that this behaviour is cruel and venemous not to mention outragious. Unfit for the 21st century.
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