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WITH THOUSANDS OF ID CARDS BEING ISSUED FOR MEDICAL MARIJUANA PATIENTS, LOCAL ATTORNEYS SAY THEY'VE BEEN GETTING A LOT OF QUESTIONS FROM BUSINESSES AND ORGANIZATIONS. THEY SAY ITS IMPORTANT TO START THE CONVERSATION ABOUT HOW THE LAWS AFFECT EMPLOYERS, PUBLIC POLICY AND PEOPLE IN OUR COMMUNITY. AS MORE DISPENSARIES OPEN in arknasas, AND MORE PEOPLE APPLY for medical marijuana id cards, LOCAL ATTORNEYS SAY THAT EMPLOYERS WILL HAVE A RESPONSIBILITY LEARN MORE ABOUT THE RULES SET BY THE 2016 MEDICAL MARIJUANA AMENDMENT. it's a fairly extensive law. an extensive amendment. but unfortunately when you have extensive language, it opens things up for interpretation TODAY THE CLARKSVILLE - JOHNSON COUNTY CHAMBER OF COMMERCE HOSTED A SEMINAR FOR EMPLOYERS we can talk to people what we think may happen or what we think they may do, its difficult, nearly impossible to give them exact advice because we are unsure how courts wil interpret it. CAL ROSE WITH WRIGHT LINDSEY JENNINGS LAW FIRM IN ROGERS SAYS THAT EMPLOYERS WILL NEED TO UPDATE THEIR POLICIES. "there are different landmines that exist within these laws that could trip up an employer and these policies are gonna be different dependinG on the type of business." FOR EXAMPLE, A RESTAURANT OR CONSTRUCTION COMPANY MAY HAVE DIFFERENT POLICIES THAN A REAL ESTATE FIRM OR A LIBRARY. ALSO, EMPLOYERS CAN PREVENT ID CARD HOLDERS FROM WORKING IN A SAFETY SENSITIVE POSITION. IF YOU DEAL WITH CONSTRUCTION EQUIPMENT OR A FIREARM...OR IF YOU HAVE ACCESS TO CONFIDENTIAL INFORMATION. ROSE SAYS THAT QUALIFYING PATIENTS DO HAVE SPECIFIC RIGHTS, ACCORDING TO THE LAW. Your status as a past or present card holder under the marijuana act is its own protected class. AND, IF FIRED, A PERSON COULD CHALLENGE THEIR EMPLOYERS DECISION. if someone believes that they were wrongfully terminated in violation of arkansas law. they can file a claim with the eeoc. theres definitely penalties for employers THE LAW DOES STATE TAHT EMPLOYERS CAN'T DISCRIMINATE AGAINST A PERSON WITH A MEDICAL MARIJUANA CARD - BUT BUSINESSES AND ORGANIZATIONS DO HAVE THE RIGHT TO DECIDE IF MEDICAL MARIJUANA CAN BE USED ON WORK PREMISES... B

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Cal Rose, an attorney with the Wright Lindsey Jennings law firm in Arkansas, said that employers should be looking to update their policies to account for Medical Marijuana patients. According to the 2016 law, both employers and ID card holders have certain rights. For examples, employers can prevent a patient from working in a "safety-sensitive position." Which would include jobs that require a person to carry a firearm, work with heavy machinery, flammable materials, and/or someone who deals with confidential information. Rose said that employers should start to define what jobs would qualify as "safety-sensitive." While employers can't discriminate against an individual who is a "qualifying ID holder" or "caregiver," they can decide whether or not to allow marijuana to be used on work premises. Employers are not required to accommodate the ingestion of marijuana in the workplace or an employee working while under the influence of marijuana, Jackson said.But the law does state that a person can't be disciplined for the use of medical marijuana, if they possess less than 2.5 ounces. In addition to other factors, an employer also can't discipline a qualifying person for possessing marijuana paraphernalia.“The law did make ID card holders a protected class," Rose said. But an employer can still take action against a patient if any policies or work-related rules were broken. The best advice, Rose said, is for employers to become familiar with the law. And to consult with their attorneys and human resource managers. "There are different landmines that exist within these laws that could trip up an employer. And the policies are different depending on the type of business." However, as a protected class, medical marijuana card holders can file a claim with the EEOC, if that person feels that he or she were fired because of their status as a medical marijuana patient.