06 Sep This is an at will employment issue, not a marijuana issue
As we all know, the conflict between State and Federal law has a funny habit of catching and crushing everyone else who ends up in the area. The courts are doing their part in this, ensuring that laws are interpreted to inflict maximum harm.
The most recent ruling involved Katelin Noffsinger, who was recruited to take over as director of recreational therapy at Bride Brook, a nursing facility in Niantic, CT.
Noffsinger was prescribed a daily dose of Marinol (synthetic marijuana in capsule form) to treat symptoms of her post-traumatic stress disorder.
When she was offered the job, she was asked to undergo a routine drug screening. She then disclosed her prescription and provided a medical certificate that explained she only took Marinol before bed, so she wouldn’t be impaired at work.
Regardless, Bride Brook rescinded the job offer. So Noffsinger sued, claiming Bride Brook violated the state’s medical marijuana anti-discrimination law.
Bride Brook argued federal law, which still classifies marijuana as an illegal substance, supersedes the state’s medical marijuana statute, so it could terminate her for failing the drug test.
But the court disagreed with Bride Brook, saying that declaring that something was illegal didn’t mean that it was outlawed.
So, the first thing that needs to happen is that this ‘judge’ needs to undergo an IQ test.
After that, this needs to undergo a second trial, this time under the category of at will employment, as in, you cannot force someone to employ someone else. That would be a form of slavery.
Yes, a form of slavery.
See, employing somebody doesn’t just mean that you let the person into the room, and then you ignore him. It means that you provide him with resources, such as a desk and gear, not to mention a paycheck. These resources didn’t come to the company free of charge, you know. When you force a company to employ someone, you force this company to provide this person with the product of its own labor, for inadequate compensation. That is both thievery, and therefore, by extension, slavery.