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General Category => National/Breaking News => Topic started by: flowers on June 15, 2015, 06:33:57 pm

Title: Colorado court: Workers can be fired for using marijuana off-duty
Post by: flowers on June 15, 2015, 06:33:57 pm
http://www.foxnews.com/politics/2015/06/15/colorado-court-workers-can-be-fired-for-using-marijuana-off-duty/?intcmp=trending

Quote
using marijuana off-duty
Published June 15, 2015
Associated Press
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Colorado's Supreme Court has ruled that a medical marijuana patient who was fired after failing a drug test cannot get his job back.

The case has big implications for employers and pot smokers in states that have legalized medical or recreational marijuana. Colorado became the first state to legalize recreational pot in 2012.

Though the Colorado case involves medical marijuana, the court's decision could also affect how companies treat employees who use the drug recreationally.

Brandon Coats is a quadriplegic who was fired by Dish Network after failing a drug test in 2010. The company agreed that Coats wasn't high on the job but said it h

 :silly:
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 15, 2015, 07:45:20 pm
That makes no sense.

How can you be fired from your job for doing something completely legal on your own time?

This decision will be challenged and probably overturned.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Dexter on June 15, 2015, 07:51:28 pm
That makes no sense.

How can you be fired from your job for doing something completely legal on your own time?

This decision will be challenged and probably overturned.

I doubt it will be overturned. Correct me if I'm wrong but I don't think a substance has to be illegal for your employer to fire you for using it.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: EC on June 15, 2015, 08:20:46 pm
It will be overturned. Flies directly in the face of the ADA to do this, since it is medical use, and therefore presumably prescribed. Just like you can't fire someone for using prescription painkillers.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 15, 2015, 10:20:40 pm
I doubt it will be overturned. Correct me if I'm wrong but I don't think a substance has to be illegal for your employer to fire you for using it.

In Colorado an employee cannot be fired for lawful conduct, off-site during non-working hours.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 15, 2015, 10:22:13 pm
Brandon Coats is a quadriplegic...

Yes, he's going to win all appeals.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Fishrrman on June 16, 2015, 01:16:01 am
Luis wrote above:
[[ That makes no sense.
How can you be fired from your job for doing something completely legal on your own time?
This decision will be challenged and probably overturned.   ]]


Not by the United States Supreme Court, Luis.

That court has already affirmed that employees can be disciplined or terminated for the use of certain drugs during "free time" (read on).

I was a railroad locomotive engineman for 32+ years (for Conrail, Amtrak and Metro-North).

This issue first came before the courts after the Federal Railroad Administration put into place regulations regarding railroad employee drug use and testing.

One of those regulations prohibited the use of illegal drugs not only "on duty", but OFF DUTY as well. That is to say, if one is a railroad employee in a "safety sensitive" position, that employee is prohibited from any usage of certain drugs AT ALL. And such employees are subject to random drug testing, that will enable the employer to discover such usage.

I believe it was either the Brotherhood of Locomotive Engineers, or the United Transportation Union (which represents conductors and trainmen) that filed suit over this regulation, and that went all the way to the U.S. Supreme Court.

The Supreme Court UPHELD the regulation and as such, railroad employees can be disciplined and/or dismissed for off duty drug use as well as being under the influence while on duty.

It's been this way since at least the mid 1990's.

I believe the airlines may also have such a policy as well for their own personnel in safety-sensitive positions.

One might argue that (at least in Colorado) marijuana is no longer classified as an "illegal" drug. But I doubt any case can be made there, based both on the Colorado court ruling as mentioned in the article, or the reality that marijuana -- whether legal or illegal -- can be considered a behavior-altering drug.

It's quite possible that this may get adjudicated all the way up to the U.S. Supreme Court.

But the precedent already exists (see above) to uphold the Colorado decision.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 02:15:35 am
This is mostly based on the thought that marijuana stays in your system 30 days, much longer than alcohol does.  But, I'd like to see some studies on the length of time that the intoxicating effects linger, since marijuana is a fat soluble substance and would be stored in your body longer. 

Still, I think a company should have the right to hire and fire who they want - so as long as they stipulate that up front, an employee knows the rules.

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 02:34:12 am
Luis wrote above:
[[ That makes no sense.
How can you be fired from your job for doing something completely legal on your own time?
This decision will be challenged and probably overturned.   ]]


Not by the United States Supreme Court, Luis.

That court has already affirmed that employees can be disciplined or terminated for the use of certain drugs during "free time" (read on).

I was a railroad locomotive engineman for 32+ years (for Conrail, Amtrak and Metro-North).

This issue first came before the courts after the Federal Railroad Administration put into place regulations regarding railroad employee drug use and testing.

One of those regulations prohibited the use of illegal drugs not only "on duty", but OFF DUTY as well. That is to say, if one is a railroad employee in a "safety sensitive" position, that employee is prohibited from any usage of certain drugs AT ALL. And such employees are subject to random drug testing, that will enable the employer to discover such usage.

I believe it was either the Brotherhood of Locomotive Engineers, or the United Transportation Union (which represents conductors and trainmen) that filed suit over this regulation, and that went all the way to the U.S. Supreme Court.

The Supreme Court UPHELD the regulation and as such, railroad employees can be disciplined and/or dismissed for off duty drug use as well as being under the influence while on duty.

It's been this way since at least the mid 1990's.

I believe the airlines may also have such a policy as well for their own personnel in safety-sensitive positions.

One might argue that (at least in Colorado) marijuana is no longer classified as an "illegal" drug. But I doubt any case can be made there, based both on the Colorado court ruling as mentioned in the article, or the reality that marijuana -- whether legal or illegal -- can be considered a behavior-altering drug.

It's quite possible that this may get adjudicated all the way up to the U.S. Supreme Court.

But the precedent already exists (see above) to uphold the Colorado decision.

The Colorado Supreme Court basically ceded supremacy to the Federal Courts, saying that the fact that marijuana was legalized in Colorado, and in spite of Colorado statutes which make it unlawful for employers to fire anyone for lawful conduct off-site during nonwork hours, the term "lawful" only means under both State and Federal laws.

That's disturbing. The employee is a quadriplegic with a prescription for medical marijuana that he used off-site during nonwork hours, yet the State's Supreme Court stepped over State laws choosing instead to write their opinion based on Federal laws.

The Federal power to make marijuana illegal is tenuous at best. It relies on a very expansive interpretation of the Commerce Clause.

The Congress shall have Power To... regulate Commerce with foreign Nations, and among the several States.

There is no Interstate Commerce issue here.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 02:36:12 am
This is mostly based on the thought that marijuana stays in your system 30 days, much longer than alcohol does.  But, I'd like to see some studies on the length of time that the intoxicating effects linger, since marijuana is a fat soluble substance and would be stored in your body longer. 

Still, I think a company should have the right to hire and fire who they want - so as long as they stipulate that up front, an employee knows the rules.

I agree that companies should have the power to hire and fire at will, but should they be able to fire you because you are using legally-obtained prescriptions for pain killers or sleeping pills to help you overcome some sort of medical issue that makes it difficult for you to sleep?
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 02:47:53 am
I agree that companies should have the power to hire and fire at will, but should they be able to fire you because you are using legally-obtained prescriptions for pain killers or sleeping pills to help you overcome some sort of medical issue that makes it difficult for you to sleep?

I don't think they should as long it is not adversely affecting your job performance.  I don't like this punishing people before they do something wrong - if you're doing a good job, showing up everyday, it shouldn't matter what you do on your off time - ESPECIALLY if it is legally prescribed and doesn't affect your job performance.

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Fishrrman on June 16, 2015, 02:57:39 am
Luis wrote above:
[[ I agree that companies should have the power to hire and fire at will, but should they be able to fire you because you are using legally-obtained prescriptions for pain killers or sleeping pills to help you overcome some sort of medical issue that makes it difficult for you to sleep? ]]

FRA regulations prohibit employees from being under the influence of prescription and even over-the-counter medications that may impair one's performance on the job.

Legally-obtained ... or not. Makes no difference.
It's the -effect- that the drug has on the person that is the determinant, not legal status.

I realize this grates against your libertarian notions, Luis, but if you want to work on the railroad, that's how it is.

I don't think you're going to find many (any?) court forums in which you're going to win on this...
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: truth_seeker on June 16, 2015, 04:00:17 am
This is mostly based on the thought that marijuana stays in your system 30 days, much longer than alcohol does.  But, I'd like to see some studies on the length of time that the intoxicating effects linger, since marijuana is a fat soluble substance and would be stored in your body longer. 

Still, I think a company should have the right to hire and fire who they want - so as long as they stipulate that up front, an employee knows the rules.

So a company could require that their employees not drink alcohol when off duty?
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 04:27:55 am
So a company could require that their employees not drink alcohol when off duty?

They should not drink right before coming to work, or whenever your state says you are intoxicated.  If you drink the night before, you should be sober the next day because alcohol metabolizes faster than pot.  I would like to see a study that tracks how long marijuana still affects things like coordination, sobriety, etc - since it stays in the body longer.  I could see if you're an airline pilot, where it might be extremely important that you be completely sober to properly do your job. 

If you are an artist, flower arranger or other creative occupation - it might not hinder you - as long as you don't drive that way!

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: olde north church on June 16, 2015, 12:18:47 pm
So a company could require that their employees not drink alcohol when off duty?

They can fire people who smoke tobacco.  "Mommy State" likee.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 01:22:21 pm
They can fire people who smoke tobacco.  "Mommy State" likee.

Those laws chage State by State.

In Colorado, employers cannot fire employees for lawful conduct, off-site during no work hours.

A common animus toward marijuana notwithstanding.

P.S. Alcohol has quite a lingering effect. Anyone who doesn't think so has never worked side by side with an alcoholic.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 01:24:39 pm
OK, let's try something.

By a show of hands, who here has smoked marijuana (more than "tried it, didn't like it")?
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: DCPatriot on June 16, 2015, 01:39:39 pm
OK, let's try something.

By a show of hands, who here has smoked marijuana (more than "tried it, didn't like it")?

IMO, it depends on your current overall state of mind.   Some as alcohol.

Some people are "mean drunks".  Some get uninhibited.  I fall asleep.

I have never met a mean marijuana high.   And unlike drinking, they tell me you wake up in the morning completely 'normal'.   :laugh:

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: olde north church on June 16, 2015, 01:46:21 pm
OK, let's try something.

By a show of hands, who here has smoked marijuana (more than "tried it, didn't like it")?

More than once, maybe a dozen times.  Didn't like it.  Did nothing for me.  Didn't like the way it made me feel.  I kept on waiting for the buzz.  Oon-gotz (that's some sort of slang for "nothing").
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 02:11:44 pm

IMO, it depends on your current overall state of mind.   Some as alcohol.

Some people are "mean drunks".  Some get uninhibited.  I fall asleep.

I have never met a mean marijuana high.   And unlike drinking, they tell me you wake up in the morning completely 'normal'.   :laugh:

Exactly.

The chemical lingers in your body, but not the effects. There's a reason why people have to be tested for marijuana use: there are few ( if any) visible lingering effects, whereas I can smell the alcohol oozing out of a person's body the morning (and day) after the drunk. I can see (and feel) the impact of getting drunk the next day, where nothing of the sort happens with marijuana.

I've never seen or heard of someone high on weed beating (or killing) their spouse then using the fact that try smoked weed as a reason. The Manson family were habitual hallucinogenic users, not just weed smokers.

P.S. The REAL "threshold" drug is nicotine.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 02:13:38 pm
P.S. I was a habitual weed smoker for decades. Drank quite a bit, but never enough to be considered alcoholism. 

It came with being a working musician at the time, AND Steely Dan sounds way better when you're stoned.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 02:15:23 pm
OK, let's try something.

By a show of hands, who here has smoked marijuana (more than "tried it, didn't like it")?

I smoked it regularly in my youth and lots of times since.  I prefer it ti alcohol, as alcohol abuse has almost gotten me killed and it has gotten me arrested in the past.  I drank alcohol for all the wrong reasons.  Pot never treated me like that - I find that it takes the rough edges off of life without causing me to act like a jerk.

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: DCPatriot on June 16, 2015, 02:41:34 pm
I smoked it regularly in my youth and lots of times since.  I prefer it ti alcohol, as alcohol abuse has almost gotten me killed and it has gotten me arrested in the past.  I drank alcohol for all the wrong reasons.  Pot never treated me like that - I find that it takes the rough edges off of life without causing me to act like a jerk.

Geesh....I shouldn't be admitting this on a web forum but what the hell....

My sons and I....we've had a decades-long 'thing' where we'd all go to see a movie together.  They were all over the age of 21 when we would smoke some weed before entering the theater.

It has provided us wonderful memories to which we still hold our stomachs laughing our heads off.

I can still 'see' Adam crouched down in his seat, his mouth agape, staring intently at the screen.   He loves Star Wars to this day.   His twin Bret, after graduating from Emory University went out and bought himself a $1500 light saber, which he uses every Halloween when he dresses as Darth Vader.

He said it was the weed to this day.   Love my boys.   :laugh:
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: aligncare on June 16, 2015, 03:18:42 pm
Let's face it, if you're in your 60's you grew up in the 60's and probably used. In my group we didn't use alcohol, instead we used every other chemical that happened to be circulating the streets that day.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: mountaineer on June 16, 2015, 03:25:13 pm
I have not used mj or any other illegal drug, mostly because I saw what a jerk my druggie older brother was and still is. He's not exactly an advertisement for the product.

But our own personal experiences really aren't relevant to the question of whether an employer should be able to fire a drug user.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: truth_seeker on June 16, 2015, 03:26:21 pm
OK, let's try something.

By a show of hands, who here has smoked marijuana (more than "tried it, didn't like it")?
Smoked it occasionally until about age 35. Grew my own for awhile. Just stopped; didn't like the feeling anymore.

Although I may have a somewhat "addictive personality" I smoked pot to relax,  to groove on music, to complement cold beer, to be sociable and laugh, etc. Did I say groove on music? Dave's not here.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 03:26:27 pm
Let's face it, if you're in your 60's you grew up in the 60's and probably used. In my group we didn't use alcohol, instead we used every other chemical that happened to be circulating the streets that day.

I hear you.  I tried it all, but didn't really like most of it.  I did find that Black Beauties, Wild Turkey and a Pontiac Trans Am is NOT a good combination!

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: aligncare on June 16, 2015, 03:31:29 pm
I have not used mj or any other illegal drug, mostly because I saw what a jerk my druggie older brother was and still is. He's not exactly an advertisement for the product.

But our own personal experiences really aren't relevant to the question of whether an employer should be able to fire a drug user.

Yes, true.

For me, I can't help question the loss liberty. How much are we willing to give up for the greater good? What about personal sovereignty and being masters of our own lives?
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 03:44:51 pm
I have not used mj or any other illegal drug, mostly because I saw what a jerk my druggie older brother was and still is. He's not exactly an advertisement for the product.

But our own personal experiences really aren't relevant to the question of whether an employer should be able to fire a drug user.

It's really an issue of intoxication.  If you come to work intoxicated - or get there on the job - you should probably be fired.  And I have worked with alcoholics and they are the worst!  Whether it's pot, alcohol, prescription drugs, funny mushrooms or whatever else - the only test should be, are you a productive, reliable, honest and hard-working employee - are you helping your employer or hurting?  Until you screw up - it should be no one's business.

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Dexter on June 16, 2015, 04:08:16 pm
OK, let's try something.

By a show of hands, who here has smoked marijuana (more than "tried it, didn't like it")?

I smoke almost every day. I have anxiety issues and it helps a lot.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 04:16:58 pm
I smoke almost every day. I have anxiety issues and it helps a lot.

That's why I like it.  I have struggled with depression and anxiety most of my life and have tried lots of prescription meds that doctors have given me and have tried self-medicating too - I ended up hating them and finding out that what helped me relieve some of that anxiety was the humble herb that I could grow in my back yard if they would let me.  I wish it would be legal where I live, I would use it more.  I know many people that have used it regularly - for decades.  They have held down good-paying jobs and raised families, live in nice houses.  They are good tax-paying citizens, responsible and productive. 

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Dexter on June 16, 2015, 04:23:24 pm
That's why I like it.  I have struggled with depression and anxiety most of my life and have tried lots of prescription meds that doctors have given me and have tried self-medicating too - I ended up hating them and finding out that what helped me relieve some of that anxiety was the humble herb that I could grow in my back yard if they would let me.  I wish it would be legal where I live, I would use it more.  I know many people that have used it regularly - for decades.  They have held down good-paying jobs and raised families, live in nice houses.  They are good tax-paying citizens, responsible and productive.

I think most potheads that decide they're too lazy to be productive members of society would have made that decision regardless of the pot.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 04:39:34 pm
I think most potheads that decide they're too lazy to be productive members of society would have made that decision regardless of the pot.

Me too.  They call it a "gateway drug", but it's my opinion that some people turn to pot in an attempt to self-medicate and try anything to relieve issues that they had before trying pot.  And some people have addictive personalities.

 
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: alicewonders on June 16, 2015, 04:46:30 pm
Geesh....I shouldn't be admitting this on a web forum but what the hell....

My sons and I....we've had a decades-long 'thing' where we'd all go to see a movie together.  They were all over the age of 21 when we would smoke some weed before entering the theater.

It has provided us wonderful memories to which we still hold our stomachs laughing our heads off.

I can still 'see' Adam crouched down in his seat, his mouth agape, staring intently at the screen.   He loves Star Wars to this day.   His twin Bret, after graduating from Emory University went out and bought himself a $1500 light saber, which he uses every Halloween when he dresses as Darth Vader.

He said it was the weed to this day.   Love my boys.   :laugh:

Some of the most fun times I've had were with friends, tokin', and laughing until my stomach hurt.  I remember when Saturday Night Live first came on, we'd get together and get high and watch it - and it was hilarious! 

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 04:56:35 pm
I have not used mj or any other illegal drug, mostly because I saw what a jerk my druggie older brother was and still is. He's not exactly an advertisement for the product.

But our own personal experiences really aren't relevant to the question of whether an employer should be able to fire a drug user.

My BiL is a massive jerk. He doesn't use any drugs.

Being a jerk is independent of drug use, but being a junkie makes one an undesirable.

Marijuana use does no create junkies per se.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 04:57:32 pm
I think most potheads that decide they're too lazy to be productive members of society would have made that decision regardless of the pot.

Winner! Winner!

Chicken dinner!
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: truth_seeker on June 16, 2015, 05:06:24 pm
Midnight Special (started 1972)

https://en.wikipedia.org/wiki/The_Midnight_Special_(TV_series)

Saturday Night Live (started 1975)

https://en.wikipedia.org/wiki/Saturday_Night_Live

Those were the days.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: mountaineer on June 16, 2015, 06:38:55 pm
Marijuana use does no create junkies per se.
Good grief. I didn't say that it did.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Fishrrman on June 16, 2015, 07:14:21 pm
aligncare wrote above:
[[ Let's face it, if you're in your 60's you grew up in the 60's and probably used. In my group we didn't use alcohol, instead we used every other chemical that happened to be circulating the streets that day... ]]

I've never been high.
I've never been drunk.

I wes probably one of a very few who went to the original Woodstock festival in 1969, and didn't try drugs or grass, and didn't even drink.

I'm probably the only person you'll meet in your life who (as a soldier, no less) went to the Hoffbrau Haus in Munich -- one of the most famous beer halls anywhere -- and had a "cola" with my pizza. No beer for me.

Approaching 70, I see no reason to change my ways now...
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: DCPatriot on June 16, 2015, 07:19:41 pm
aligncare wrote above:
[[ Let's face it, if you're in your 60's you grew up in the 60's and probably used. In my group we didn't use alcohol, instead we used every other chemical that happened to be circulating the streets that day... ]]

I've never been high.
I've never been drunk.

I wes probably one of a very few who went to the original Woodstock festival in 1969, and didn't try drugs or grass, and didn't even drink.

I'm probably the only person you'll meet in your life who (as a soldier, no less) went to the Hoffbrau Haus in Munich -- one of the most famous beer halls anywhere -- and had a "cola" with my pizza. No beer for me.

Approaching 70, I see no reason to change my ways now...

Fishrrman....I wouldn't doubt that for a moment.     :chairbang:
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 16, 2015, 09:52:54 pm
Good grief. I didn't say that it did.

Nor was I suggesting that you did, I just didn't make myself clear.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 17, 2015, 04:00:31 am
(https://scontent-mia1-1.xx.fbcdn.net/hphotos-xfp1/v/t1.0-9/21013_10204166565070235_8210638246420188510_n.jpg?oh=fce172d193dc341f4ab1cb135054fcef&oe=55EFE919)
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Paladin on June 17, 2015, 04:28:29 am
Quote
By a show of hands, who here has smoked marijuana

Just saw this. In fact, just read the thread.

In my misspent yoot I was a bartender and threw back more than my share, However, like Alicewonder (post #21) I did some remarkably stupid things when drunk and I seriously hated the next morning feeling. Then along came Mary, courtesy of a good friend, and I essentially quit drinking (occasional brandy is all) and stayed stoned for several years. I enjoyed the high and had no serious after effects. Not sure just why I quit, nor even when. I just stopped.

Now I am as pure as the driven snow (well, close anyway). Rarely booze, no cannabis, don't gamble...I am just so boring.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 17, 2015, 05:06:07 am
Just saw this. In fact, just read the thread.

In my misspent yoot I was a bartender and threw back more than my share, However, like Alicewonder (post #21) I did some remarkably stupid things when drunk and I seriously hated the next morning feeling. Then along came Mary, courtesy of a good friend, and I essentially quit drinking (occasional brandy is all) and stayed stoned for several years. I enjoyed the high and had no serious after effects. Not sure just why I quit, nor even when. I just stopped.

Now I am as pure as the driven snow (well, close anyway). Rarely booze, no cannabis, don't gamble...I am just so boring.

I quit because A) my wife demanded that I quit because B) we had kids, and C) it became more and more difficult to source safely.

The last time I had any, it was way stronger than anything we had "back in the day".
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: aligncare on June 17, 2015, 11:22:22 am
What I hate most regarding this issue is the hypocrisy and ignorance.  In terms of health, alcohol is devastating with no comparison to cannabinol. Yet, alcohol is legal while people have been jailed for using weed. Weed is a walk in the park in it's effects on an individual's life compared to getting sucked into the criminal justice system. That's what's stupid and destructive.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: DCPatriot on June 17, 2015, 11:41:36 am
What I hate most regarding this issue is the hypocrisy and ignorance.  In terms of health, alcohol is devastating with no comparison to cannabinol. Yet, alcohol is legal while people have been jailed for using weed. Weed is a walk in the park in it's effects on an individual's life compared to getting sucked into the criminal justice system. That's what's stupid and destructive.

It comes down to the fact, that unlike alcohol, which requires a process to 'create', marijuana could be grown out back with the tomatoes and corn.

The government cannot control it, so the best way to not have their version of a 'Zombie Apocalypse' is to outlaw and/or regulate it.

We all 'know' and believe that it's healthier than alcohol, etc..  We wonder...were people not aware of that before we were born?  Are WE the enlightened ones? 

Like you said there are way too many people, of all colors, behind bars for dealing/using marijuana.  They should all be released.  Especially when you can drive across an intersection and suddenly be in a State where it's legal. 

It should be legalized and taxed.   They could probably pay for Obamacare and lower everyone's premiums.   :laugh:
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: olde north church on June 17, 2015, 11:46:56 am
What I hate most regarding this issue is the hypocrisy and ignorance.  In terms of health, alcohol is devastating with no comparison to cannabinol. Yet, alcohol is legal while people have been jailed for using weed. Weed is a walk in the park in it's effects on an individual's life compared to getting sucked into the criminal justice system. That's what's stupid and destructive.

I don't know how to state it correctly but you know what's in alcohol, the potency aspect.  50 proof = 25% alcohol.  The level of THC and other chemicals varies from plant to plant, bud to bud.  Synthetic THC is different from the stuff you smoke.
Knowing what's going into your body is NOT hypocrisy, it's wise health.  The hypocrisy is based on lower social status (not sure if that's the proper term) of the user.  In the United States, most marijuana use was Mexicans and Blacks, prior to the mid-1950s.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: olde north church on June 17, 2015, 11:48:58 am
It comes down to the fact, that unlike alcohol, which requires a process to 'create', marijuana could be grown out back with the tomatoes and corn.

The government cannot control it, so the best way to not have their version of a 'Zombie Apocalypse' is to outlaw and/or regulate it.

We all 'know' and believe that it's healthier than alcohol, etc..  We wonder...were people not aware of that before we were born?  Are WE the enlightened ones? 

Like you said there are way too many people, of all colors, behind bars for dealing/using marijuana.  They should all be released.  Especially when you can drive across an intersection and suddenly be in a State where it's legal. 

It should be legalized and taxed.   They could probably pay for Obamacare and lower everyone's premiums.   :laugh:

I don't know if growing it with the tomatoes and corn is right.  "Home grown" was a derogatory in my youth.  Have you noticed the "best" pot comes where the "best" coffee is grown?
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: DCPatriot on June 17, 2015, 11:59:35 am
I don't know if growing it with the tomatoes and corn is right.  "Home grown" was a derogatory in my youth.  Have you noticed the "best" pot comes where the "best" coffee is grown?


You're right, ONC!

But all I can afford today is "skunk weed".  $125 @ ounce.   It grows all over Maryland/DC.

Not very potent, but at 69 years, it's good enough for what I want it to do.   :laugh:
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: aligncare on June 17, 2015, 01:18:01 pm

It should be legalized and taxed.   They could probably pay for Obamacare and lower everyone's premiums.   :laugh:


I disagree.  There's all sorts of downside when government gets involved in things. I don't want private, victimless activities enmeshed in politics – please, no.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Dexter on June 17, 2015, 01:18:57 pm
I disagree.  There's all sorts of downside when government gets involved in things. I don't want private, victimless activities enmeshed in politics – please, no.

They will definitely find a way to tax and regulate it once it's legal.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: aligncare on June 17, 2015, 01:26:43 pm
They will definitely find a way to tax and regulate it once it's legal.

Then we the people need to say to government, decriminalize – not legalize.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 17, 2015, 03:48:22 pm
OK, let's try something.

By a show of hands, who here has smoked marijuana (more than "tried it, didn't like it")?

I used to smoke in college and still do at times if offered.

The high lasts a few hours and you don't wake up with a hangover.

The worst thing I did while high on a Friday night in college was eat Doritos and watch Clerks.

Alcohoism is much worse than smoking an occasional bowl.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 17, 2015, 03:53:11 pm
Pot is legal in Oregon starting July 1st.  I'd buy some if the kids were out of the house.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 17, 2015, 04:04:48 pm
I used to smoke in college and still do at times if offered.

The high lasts a few hours and you don't wake up with a hangover.

The worst thing I did while high on a Friday night in college was eat Doritos and watch Clerks.

Alcohoism is much worse than smoking an occasional bowl.

Twinkies and cold milk, that was my true addiction.

The weed was just the enabler.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: rb224315 on June 17, 2015, 04:18:30 pm
When it comes to drugs (and almost everything else, for that matter) I am probably the straightest arrow you folks are acquainted with.  Now in my mid-forties, I've had a total of 2 sips of beer.  Never tried cigarettes, I've never even seen an illegal drug, and I don't recognize the smell of marijuana.  I've been in the presence of people who said "hey, do you smell that?" but didn't know what they were talking about.  Yeah, I'm potentially the world's most boring human.  :-)  Part of it is due to the way my parents live and part is from watching my grandfather die of health problems caused by alcoholism when I was 13.  I never felt I was missing anything by not partaking in substances, so it worked out well for me so far.

So here's my $.02 worth on drugs and alcohol.

It goes without saying that the whole issue can become very complicated.

It's hard to reconcile the legality of alcohol with the completely opposite treatment of marijuana and other substances.

I think marijuana use should be decriminalized but not legalized.  Maybe the same should be done for harder drugs, I can't say for sure.  The economist in me says that we should decriminalize or even legalize all of them but I can't yet get myself to say so.  The libertarian in me says that we should legalize all of it and have a 100% prohibition against the use of taxpayer funds to fix the people who cause major problems for themselves as a result of drug use.

What is society's obligation in protecting children, for example, from parents who aren't responsible in their use of drugs?

Legalizing pot may lead us down the same road we're on with tobacco.  Big companies will certainly get involved and claim there are no ill effects from their products.  We'll have Congressional hearings where guys testify under oath that they don't believe their products are harmful.  Then there will be a government shakedown of those companies along with a movement to ban the substances in every location except the hood fan over the stove in your man cave.  (There are signs at our local hospital which say tobacco use is prohibited on hospital property, including inside personal vehicles.)

There's a lot more but I don't have time to continue spewing forth.  Talk amongst yourselves.  ;-)
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 17, 2015, 04:35:10 pm
When it comes to drugs (and almost everything else, for that matter) I am probably the straightest arrow you folks are acquainted with.  Now in my mid-forties, I've had a total of 2 sips of beer.  Never tried cigarettes, I've never even seen an illegal drug, and I don't recognize the smell of marijuana.  I've been in the presence of people who said "hey, do you smell that?" but didn't know what they were talking about.  Yeah, I'm potentially the world's most boring human.  :-)  Part of it is due to the way my parents live and part is from watching my grandfather die of health problems caused by alcoholism when I was 13.  I never felt I was missing anything by not partaking in substances, so it worked out well for me so far.

So here's my $.02 worth on drugs and alcohol.

It goes without saying that the whole issue can become very complicated.

It's hard to reconcile the legality of alcohol with the completely opposite treatment of marijuana and other substances.

I think marijuana use should be decriminalized but not legalized.  Maybe the same should be done for harder drugs, I can't say for sure.  The economist in me says that we should decriminalize or even legalize all of them but I can't yet get myself to say so.  The libertarian in me says that we should legalize all of it and have a 100% prohibition against the use of taxpayer funds to fix the people who cause major problems for themselves as a result of drug use.

What is society's obligation in protecting children, for example, from parents who aren't responsible in their use of drugs?

Legalizing pot may lead us down the same road we're on with tobacco.  Big companies will certainly get involved and claim there are no ill effects from their products.  We'll have Congressional hearings where guys testify under oath that they don't believe their products are harmful.  Then there will be a government shakedown of those companies along with a movement to ban the substances in every location except the hood fan over the stove in your man cave.  (There are signs at our local hospital which say tobacco use is prohibited on hospital property, including inside personal vehicles.)

There's a lot more but I don't have time to continue spewing forth.  Talk amongst yourselves.  ;-)

Good post.

Here's what I think is lost in this issue.

What happened to Federalism?

The Colorado Supreme Court just said that irrespective of whatever Colorado law may say about pot use, the only pertinent law here is Federal. It's not legal just because the States say so.

The Constitution is the Supreme Law of the land, but the Constitution does not grant the Federal government the power to make pot illegal. The Feds had to amend the Constitution to make alcohol illegal, why does standard not hold true for pot?
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Free Vulcan on June 17, 2015, 04:43:42 pm
If you sign the contract with the employer that states these things up front - then you're on the hook. Unless state or federal law supercedes. If you don't like it, don't apply for the job. That includes drinking, smoking, or drugs off the clock.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 17, 2015, 04:45:39 pm
If you sign the contract with the employer that states these things up front - then you're on the hook. Unless state or federal law supercedes. If you don't like it, don't apply for the job. That includes drinking, smoking, or drugs off the clock.

I agree 100%.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 17, 2015, 04:54:15 pm
If you sign the contract with the employer that states these things up front - then you're on the hook. Unless state or federal law supercedes. If you don't like it, don't apply for the job. That includes drinking, smoking, or drugs off the clock.

Colorado State law explicitly forbids employers from firing people for legal activities, off site, during non-working hours.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: olde north church on June 17, 2015, 04:55:24 pm
Well, just some food for thought.  The feds are now targeting sugar.  We stand up or we gladly accept the yoke.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Free Vulcan on June 17, 2015, 05:52:21 pm
Colorado State law explicitly forbids employers from firing people for legal activities, off site, during non-working hours.

You are only telling half the story. Bottom line is federal law supercedes and a federal court would overturn that.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: truth_seeker on June 17, 2015, 06:10:05 pm

Like you said there are way too many people, of all colors, behind bars for dealing/using marijuana.  They should all be released.  Especially when you can drive across an intersection and suddenly be in a State where it's legal. 

So if widely held beliefs now indicate it should be at least decriminalized, why is the Obama led Federal government sticking to its guns, and keeping laws in place?

One lasting legacy of his administration, may be the President who legalized pot. Got the picture?

Here is the truth on the ground, so to speak: My California town has no "legal" dispensaries, but does have "illegal" ones.

At the opposite end of the strip mall from my AA meeting rooms, one such "illegal" dispensary is operating. There is a steady stream of cars into and out of that section of the center. They must be doing a "bang up" business.

I think the police simply look the other way, under direction of the city manager and/or city attorney, under direction of the city council.

The city council are far more interested in finding money sources, not uses, to pay the pensions of their retired 50 something yr. old employees, who's unions in turn fund their campaigns.

I fully expect the pot issue to be resolved with regulation and taxation. Sacramento can field teams of "pot potency assayists," who can appear unannounced to test the bud in the baggie. 

There is big money in it. I went online the other night, and learned an ounce (formerly "lid") sells for $360 today, versus $10 in my day.

I would be willing to support a "grow your own" movement, for feeble old folks.

However for myself, in keeping with my "clean and sober" lifestyle, Ringo said it best in the "No-No song":

https://www.youtube.com/watch?v=DZN_8M4OpMo
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: mountaineer on June 17, 2015, 06:27:15 pm
 11513  I was going to beat this dead horse, but I was too stoned to care.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: mountaineer on June 17, 2015, 06:31:10 pm
Since I'm not a pothead, and this new transfat nonsense was mentioned above, I post this for your viewing pleasure:
Quote
Why The Trans Fat Ban Is Worse Than You Think
Food fascists ban a perfectly benign ingredient


“In an effort to curtail heart disease, the Obama administration said Tuesday it’s cracking down on artificial trans fats,” writes National Journal. “The government’s goal is to prevent cardiovascular disease and advocates are cheering the move as a historic win for public health,” says Politico.

The administration supports cardiovascular disease prevention, so this is okay. How about you? Do you want Americans to die needlessly?

The Food and Drug Administration (FDA) issued a final decision this week, giving the food industry three years to phase out bad trans fats, still used in a wide variety of products like Pillsbury’s Ready To Bake cookies and cake frosting. Now, if you’re ingesting large quantities of either, perhaps partially hydrogenated oils aren’t your biggest concern in life. But if the government’s goal is to prevent cardiovascular disease, and preventing cardiovascular disease is all that matters, why stop there?

Phasing out trans fat will allegedly prevent around 7,000 premature deaths each year, the FDA estimates. (If you believe these things can be quantified with that sort of precision, you have far too much faith in crusading bureaucracies. Years ago, I attempted to tally up total deaths that various studies, public interest groups, and government agencies attributed to obesity, smoking, salt, trans fats, meat, etc … and came up with number larger than all the Americans who’d passed away that year.) But 610,000 Americans die from cardiovascular disease each year. Will 603,000 be left for corporate America to slaughter because we won’t act? The negative externalities of allowing people to eat whatever they desire is huge.

So if we can ban trans fats in an effort to curtail heart disease, I wish someone would explain what stops the state from banning any unhealthy ingredient it feels like.  ...
More at The Federalist (http://thefederalist.com/2015/06/17/why-the-trans-fat-ban-is-worse-than-you-think/)
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: truth_seeker on June 17, 2015, 06:43:55 pm
If you sign the contract with the employer that states these things up front - then you're on the hook. Unless state or federal law supercedes. If you don't like it, don't apply for the job. That includes drinking, smoking, or drugs off the clock.
True enough in principle. But I recall from law classes, that a contract must NOT involve a contract to break the law. If it does, it is not a valid contract.

Airline pilots are not supposed to drink, for a certain number of hours before they fly. In AA I met a man who lost his pilots license, for violating the rule.

Eventually he got his license back, obviously doesn't drink, etc.

I have doubts the airline could require a contract that pilots not drink, at any time.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 17, 2015, 09:22:13 pm
You are only telling half the story. Bottom line is federal law supercedes and a federal court would overturn that.

I get that, but the Federal laws superseding the State laws in this case are not Constitutionally sound. They are all based on the Commerce Clause, and the commerce Clause does not apply in cases where you grow some weed in your State to be sold and/or distributed in your State.

This all goes back to Robert F. Kennedy's assault on property rights with the Heart of Atlanta and Ollie's Barbecue cases.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 17, 2015, 11:50:24 pm
They are all based on the Commerce Clause, and the commerce Clause does not apply in cases where you grow some weed in your State to be sold and/or distributed in your State.

If the company does any business outside of Colorado, the Commerce Clause and federal law certainly apply to any employee of the company, as do federal laws such as drug prohibition.  Dish Network conducts business in every US state. 

It's akin to football players in Oregon, WA, and CO trying to sue the NCAA for being suspended for marijuana use, really.

It sucks for the employee, but I don't see how this decision is incorrect.

Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 18, 2015, 12:07:14 am
If the company does any business outside of Colorado, the Commerce Clause and federal law certainly apply to any employee of the company, as do federal laws such as drug prohibition.  Dish Network conducts business in every US state. 

It's akin to football players in Oregon, WA, and CO trying to sue the NCAA for being suspended for marijuana use, really.

It sucks for the employee, but I don't see how this decision is incorrect.

You don't see how the decision is incorrect because you buy into the expanded definition of the Commerce Clause created by Bobby Kennedy and his DoJ.

The Tenth Amendment to the Constitution is pretty straight forward:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Where is the power to regulate marijuana at all, under any circumstance, specially when that power not granted to the United States by the Constitution, was acted upon by the state of Colorado?

Why did it take a Constitutional Amendment to ban alcohol sales, but just mere laws to ban marijuana sale, distribution and use?

The Controlled Substances Act exceeds Congress' Commerce Clause powers and infringes the fundamental liberties of the people under the Fifth, Ninth, and Tenth Amendments.

In addition, the War on Drugs is destroying the Fourth Amendment.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: mountaineer on June 18, 2015, 12:09:31 am
The expansion (or overexpansion, if you will) of the commerce clause began under FDR.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 18, 2015, 12:21:09 am
You don't see how the decision is incorrect because you buy into the expanded definition of the Commerce Clause created by Bobby Kennedy and his DoJ.



I'm not saying I buy into the modern interpretation of the Commerce Clause.  I'm saying that's how the courts are going to rule and that decision of the court is not at all a surprise.  I'm living in that reality when reading about this case.  Do I wish federalism was viewed by the courts as the first option?   Of course I do, but that's not reality at this point in our history.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Paladin on June 18, 2015, 12:43:24 am
ONC revealed the reason Maryjane was made illegal in the first place:
Quote
In the United States, most marijuana use was Mexicans and Blacks, prior to the mid-1950s.
Then, kinda like icing on a cake, it was classified as a Schedule 1 drug, equivalent to heroin and cocaine and worse than Schedule 2 drugs like oxycodone and methamphetamine. Ridiculous.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 18, 2015, 04:10:25 am
You don't see how the decision is incorrect because you buy into the expanded definition of the Commerce Clause created by Bobby Kennedy and his DoJ.

I like the substance of your posts, but your tendency to insult other posters and assume their motives gets a bit old. 

You didn't know my thoughts on the modern application of the Commerce Clause, and it's a bit offensive that you constructed that strawman and then proceeded with a lengthy post that had nothing to do with how I based my opinion.  I subsequently offered my personal take on the modern application of the Commerce Clause, and you've yet to reply with so much as a simple apology for misrepresenting my opinion on the Commerce Clause.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 18, 2015, 04:33:10 am
I like the substance of your posts, but your tendency to insult other posters and assume their motives gets a bit old. 

You didn't know my thoughts on the modern application of the Commerce Clause, and it's a bit offensive that you constructed that strawman and then proceeded with a lengthy post that had nothing to do with how I based my opinion.  I subsequently offered my personal take on the modern application of the Commerce Clause, and you've yet to reply with so much as a simple apology for misrepresenting my opinion on the Commerce Clause.

Then shouldn't the correct way to put that have been that it is an incorrect decision based on an incorrect application of the Clause?

I don't mean to be insulting, but I don't see how you can say that the decision is correct yet agree that the premise that it was based on is incorrect.

I get what you're saying about it being based on the modern application of the Clause, but (for example) Kelo v. New London is simply incorrect, irrespective of the currency of the interpretation of the Fifth Amendment's Takings Clause because the Court expanded the Clause far beyond its original boundaries thus making the current interpretation (and any cases decided based on that interpretation. Kelo included) simply incorrect.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 18, 2015, 06:11:55 am
It's not a binary issue, Luis.

I already explained my thought process.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 18, 2015, 01:17:28 pm
I like the substance of your posts, but your tendency to insult other posters and assume their motives gets a bit old. 

You didn't know my thoughts on the modern application of the Commerce Clause, and it's a bit offensive that you constructed that strawman and then proceeded with a lengthy post that had nothing to do with how I based my opinion.  I subsequently offered my personal take on the modern application of the Commerce Clause, and you've yet to reply with so much as a simple apology for misrepresenting my opinion on the Commerce Clause.

Misrepresenting, misunderstanding, or not understanding are completely different concepts.

I did not misrepresent what you said.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Free Vulcan on June 18, 2015, 04:16:15 pm
I get that, but the Federal laws superseding the State laws in this case are not Constitutionally sound. They are all based on the Commerce Clause, and the commerce Clause does not apply in cases where you grow some weed in your State to be sold and/or distributed in your State.

This all goes back to Robert F. Kennedy's assault on property rights with the Heart of Atlanta and Ollie's Barbecue cases.

Unfortunately the Supreme Court overrules you and has done so since the FDR days. This is the world we live in.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 18, 2015, 07:28:34 pm
Misrepresenting, misunderstanding, or not understanding are completely different concepts.

I did not misrepresent what you said.

You assigned a motive to me.   You may not think you misrepresented what I said, but you did it, not me.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Carling on June 18, 2015, 07:30:00 pm
Unfortunately the Supreme Court overrules you and has done so since the FDR days. This is the world we live in.

Exactly.  Thinking the decision is valid under the current use of the Commerce Clause doesn't mean I agree with it.

But, it is what it is, and it's really not a surprise decision at all.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 19, 2015, 12:45:25 am
Unfortunately the Supreme Court overrules you and has done so since the FDR days. This is the world we live in.

Lochner v. New York was overturned.

Chisholm v. Georgia was overturned.

Adler v. Board of Education was overturned.

Pace v. Alabama was overturned.

Wolf v. Colorado was overturned.

Dredd Scott v. Sandford was overturned.

Plessy v. Ferguson was overturned.

Every case that used everyone of those cases (and others) as precedent, were in fact incorrect decisions based on unsound precedent.

The expansive interpretation of the Commerce Clause and all the case law built around it may remain in place forever and used as precedent in other cases, but that doesn't make it right.

If Ollie's Barbecue is ever overturned, every decision that used it as precedent will also be overturned.

This Colorado case included.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Free Vulcan on June 21, 2015, 08:27:09 pm
That's all well an good, but as you yourself have argued on other threads, the ruling of SCOTUS is the final word. All else is academic whether any of us agree or not.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 21, 2015, 09:42:39 pm
That's all well an good, but as you yourself have argued on other threads, the ruling of SCOTUS is the final word. All else is academic whether any of us agree or not.

It's a subtle distinction, but I never said that the ruling of SCOTUS was the final world. Hard to make that argument when SCOTUS can overturn their own decisions.

The argument that I did make was that neither Congress, nor the President could overrule the SCOTUS to the degree that both Obama and Rick Santorum have suggested.
Title: Re: Colorado court: Workers can be fired for using marijuana off-duty
Post by: Luis Gonzalez on June 21, 2015, 09:48:05 pm
It's a subtle distinction, but I never said that the ruling of SCOTUS was the final world. Hard to make that argument when SCOTUS can overturn their own decisions.

The argument that I did make was that neither Congress, nor the President could overrule the SCOTUS to the degree that both Obama and Rick Santorum have suggested.

And even when they do overturn their own decisions, it's still the SCOTUS having the final world. What's not going to happen is the SCOTUS overturning a law because they find it unconstitutional, then the POTUS or Congress overturning the SCOTUS and reinstating the law.

They may draft a new law that eliminates or modifies that portion previously found to be unconstitutional, but the original law will not be re-enacted.