Question: I have a condition that might be alleviated by using marijuana. If I get a certificate for medical marijuana, will that protect me if my employer does drug tests? I would like to get the answer before pursuing this option, and I don’t want to ask my boss or HR.
Answer: No, the physician’s certification required under Hawaii’s medical marijuana law would not exempt you from an employer-mandated drug test or automatically protect you from employment ramifications of the result.
Ryan Sanada, director of legal and government affairs for the Hawaii Employers Council, explains:
“While an individual can avoid criminal prosecution if the use of marijuana is for medicinal purposes (as certified by a physician), such protection does not extend into the workplace. In other words, carrying a medical marijuana card does not allow an employee to forgo an employer-mandated drug test, nor does it provide the employee with job protection in the case of a positive drug test.
“Specifically, despite state laws legalizing marijuana for medicinal and recreational purposes, marijuana is still listed as a Schedule I drug under federal law. Therefore, the use and possession of marijuana is still considered illegal under federal law, even if it is authorized by a state law.
“There are several court decisions that have ruled that an employee’s use of medical marijuana is not protected by the Americans With Disabilities Act, because the ADA does not excuse illegal conduct.”
Please note that Sanada referred collectively to states that allow medical marijuana (which include Hawaii) and those that allow recreational use (which do not include Hawaii).
Although you did not indicate that you intend to dose yourself while on the job, we’ll also note that Hawaii’s law prohibits the use of medical marijuana in the workplace, even with a doctor’s certificate.
The Drug Policy Forum of Hawaii, a nonprofit advocacy group, states on its website (dpfhi.org) that Hawaii law is silent about an employer’s rights and duties regarding medical marijuana use by employees who are subject to drug tests. It suggests that employers treat medical marijuana like any prescription drug that might impair ability.
Q: Did they ever put that new gun registration law into effect?
A: Yes, the FBI’s Rap Back database has been retaining fingerprints for the owners of newly registered Hawaii firearms as of Dec. 4, according to the Honolulu Police Department, which has a fact sheet information on the matter at 808ne.ws/rapbackfacts.
Gov. David Ige signed Senate Bill 2954/Act 108 into law June 23, making Hawaii the first U.S. state to authorize enrolling owners of newly registered guns into a nationwide criminal-records monitoring system. The owner’s fingerprints and other identifying information are entered into the database, not information about the weapon, according to the fact sheet.
Mahalo
Honesty on Oahu! At the end of December, I visited Diamond Head and managed to drop my money clip with over $100 in it. I didn’t discover this until the end of the day back in Kailua, where we had our vacation rental. I assumed someone would pick it up and call it “found money” and pocket it. The next day I told my wife that this was a 1 percent chance, but we returned to the Diamond Head Visitor Center and asked about it. The young man smiled, reached into a cupboard and said, “You mean the one with $111 in it?” Before he handed it to me, I insisted that I verify my name, which was inscribed on it. He said they did not know who turned it in, but if that person reads this, you rate as the most honest person ever. Thank you seems too little, but thank you. — Ken Holter, Okatie, S.C.
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
