Prop. 203 is a pothead and dope dealers’ dream. Although its deficiencies and negatives are legion, worst is its protection of cardholder potheads from prosecution for any death or injury they cause while under the influence of pot. Prop. 203 accomplishes this in section 36-2802 D by stating, “... a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.”
Since pot is a Schedule I controlled substance with no clinically-proven medical cure for any disease, no clinical studies have been funded and performed to determine what might constitute an “... insufficient concentration to cause impairment.” This simply means that the drug test, which is the sole means of determining when an individual is “under the influence,” has been declared null and void by Prop. 203.
This negation of drug tests is applied to employers in Section 36-2814 with the exact wording noted above. No matter how much havoc a cardholder pothead employee wreaks on an employer’s product, equipment or fellow employees, said pothead cannot be held accountable, liable, fired or reprimanded for being under the influence of pot — as long as said pothead is not caught in the act of using while on the premises during working hours. Section 36-2813 even forbids the employer to require: that a pothead employee avoid chronic tardiness, chronic absenteeism, “... or any term or condition of employment,” which would include doing actual work with minimal errors.
Section 36-2813 also exempts potheads from prosecution under any city, state or county law by schools or landlords. Only federal laws or regulations are exempt from this Prop. 203 protection. Since few federal laws deal with the specific problems schools and landlords will experience from the unregulated activities of potheads, schools and landlords will have no recourse but to tolerate those activities.
States like California, Montana and Colorado, which have adopted legislation that Prop. 203 is based upon, have learned the following: the primary “disease” specified for a pothead license will be “pain,” which is easy to fake and impossible to disprove; “quacks” (simulating “doctors”) will spring forth like mosquitoes from a summer pond, passing out registration cards at $150 each like packing peanuts; traffic accidents and fatalities will skyrocket with potheads at fault (and prosecution-proof).
Just say “no” to Prop. 203.
Terry L. Putnam