Empathy List Archives

SH

Steven Holloway

Wed, Aug 19, 2020 8:54 PM

One of our municipal employees has informed our city manager that he intends to procure a Medical Marijuana card.

Can a municipality employee a person who has a Medical Marijuana card?
What restrictions can the municipality impose as a condition of continued employment?

Thank you.
Steven L. Holloway
City Attorney--Elk City, OK
P.O. Box 932
Elk City, OK 73648
580-225-0392
hipshot.steven@gmail.com

First time on oamaa@lists.imla.org One of our municipal employees has informed our city manager that he intends to procure a Medical Marijuana card. Can a municipality employee a person who has a Medical Marijuana card? What restrictions can the municipality impose as a condition of continued employment? Thank you. Steven L. Holloway City Attorney--Elk City, OK P.O. Box 932 Elk City, OK 73648 580-225-0392 hipshot.steven@gmail.com

RK

Rick Knighton

Wed, Aug 19, 2020 9:00 PM

What's the employee's position?

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Wednesday, August 19, 2020 3:54 PM
To: Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Municipal employees with Medical Marijuana card

First time on oamaa@lists.imla.org mailto:oamaa@lists.imla.org

One of our municipal employees has informed our city manager that he intends to procure a Medical Marijuana card.

Can a municipality employee a person who has a Medical Marijuana card?
What restrictions can the municipality impose as a condition of continued employment?

Thank you.
Steven L. Holloway
City Attorney--Elk City, OK
P.O. Box 932
Elk City, OK 73648
580-225-0392
hipshot.steven@gmail.com mailto:hipshot.steven@gmail.com

What's the employee's position? Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Steven Holloway Sent: Wednesday, August 19, 2020 3:54 PM To: Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys <oama@lists.imla.org> Subject: EXTERNAL EMAIL : [Oama] Municipal employees with Medical Marijuana card First time on oamaa@lists.imla.org<mailto:oamaa@lists.imla.org> One of our municipal employees has informed our city manager that he intends to procure a Medical Marijuana card. Can a municipality employee a person who has a Medical Marijuana card? What restrictions can the municipality impose as a condition of continued employment? Thank you. Steven L. Holloway City Attorney--Elk City, OK P.O. Box 932 Elk City, OK 73648 580-225-0392 hipshot.steven@gmail.com<mailto:hipshot.steven@gmail.com>

SP

Suzanne Paulson

Wed, Aug 19, 2020 9:19 PM

I am with Rick - it depends on their position with the City.

In this situation there was a disclosure by an employee but I always advise HR folks and Managers that they do not want to know who holds a card and who does not. There is no need to know unless an employee tests positive for marijuana. Then, depending on whether the employee is safety sensitive they can ask. If safety sensitive then a medical marijuana card will not relieve the employee of the consequences of a positive test. If not safety sensitive, then a card will relieve them of the consequences of a positive test. With that said, no one can come to work impaired so if an employee comes to work impaired that's a different policy violation than testing positive for drugs.

We have some info on our webpage about MM and employees at: https://www.omag.org/news/2018/7/2/medical-marijuana-and-the-hiring-process/#hiring-safety

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Suzanne D. Paulson
General Counsel
spaulson@omag.org mailto:spaulson@omag.org

[OMAG-Logo]
3650 S. Boulevard
Edmond, OK 73013
Phone: 405.657.1444
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/

Follow us on:
[https://www.omag.org/portals/0/facebook.png]https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream [https://www.omag.org/portals/0/twitter.png] https://twitter.com/omag1977 [https://www.omag.org/portals/0/linkedin.png] http://www.linkedin.com/company/oklahoma-municipal-assurance-group

From: Oama oama-bounces@lists.imla.org On Behalf Of Rick Knighton
Sent: Wednesday, August 19, 2020 4:00 PM
To: 'Steven Holloway' hipshot.steven@gmail.com; Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Municipal employees with Medical Marijuana card

What's the employee's position?

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov mailto:rick.knighton@normanok.gov | ? www.normanok.gov https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.normanok.gov%2F&data=02%7C01%7Cspaulson%40omag.org%7C8a4e9fbe2c824ce6307608d8448307bd%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637334676850780316&sdata=LvFpL72BNecI%2Fbil88lakR0T1U3to0NepzbiEp%2FdHyc%3D&reserved=0

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Steven Holloway
Sent: Wednesday, August 19, 2020 3:54 PM
To: Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] Municipal employees with Medical Marijuana card

First time on oamaa@lists.imla.org mailto:oamaa@lists.imla.org

One of our municipal employees has informed our city manager that he intends to procure a Medical Marijuana card.

Can a municipality employee a person who has a Medical Marijuana card?
What restrictions can the municipality impose as a condition of continued employment?

Thank you.
Steven L. Holloway
City Attorney--Elk City, OK
P.O. Box 932
Elk City, OK 73648
580-225-0392
hipshot.steven@gmail.com mailto:hipshot.steven@gmail.com

I am with Rick - it depends on their position with the City. In this situation there was a disclosure by an employee but I always advise HR folks and Managers that they do not want to know who holds a card and who does not. There is no need to know unless an employee tests positive for marijuana. Then, depending on whether the employee is safety sensitive they can ask. If safety sensitive then a medical marijuana card will not relieve the employee of the consequences of a positive test. If not safety sensitive, then a card will relieve them of the consequences of a positive test. With that said, no one can come to work impaired so if an employee comes to work impaired that's a different policy violation than testing positive for drugs. We have some info on our webpage about MM and employees at: https://www.omag.org/news/2018/7/2/medical-marijuana-and-the-hiring-process/#hiring-safety OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [https://www.omag.org/portals/0/twitter.png] <https://twitter.com/omag1977> [https://www.omag.org/portals/0/linkedin.png] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Rick Knighton Sent: Wednesday, August 19, 2020 4:00 PM To: 'Steven Holloway' <hipshot.steven@gmail.com>; Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys <oama@lists.imla.org> Subject: Re: [Oama] EXTERNAL EMAIL : Municipal employees with Medical Marijuana card What's the employee's position? Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | ? www.normanok.gov<https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.normanok.gov%2F&data=02%7C01%7Cspaulson%40omag.org%7C8a4e9fbe2c824ce6307608d8448307bd%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637334676850780316&sdata=LvFpL72BNecI%2Fbil88lakR0T1U3to0NepzbiEp%2FdHyc%3D&reserved=0> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Steven Holloway Sent: Wednesday, August 19, 2020 3:54 PM To: Ok Association of Municipal Attorneys Oklahoma Association Municipal Attorneys <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: EXTERNAL EMAIL : [Oama] Municipal employees with Medical Marijuana card First time on oamaa@lists.imla.org<mailto:oamaa@lists.imla.org> One of our municipal employees has informed our city manager that he intends to procure a Medical Marijuana card. Can a municipality employee a person who has a Medical Marijuana card? What restrictions can the municipality impose as a condition of continued employment? Thank you. Steven L. Holloway City Attorney--Elk City, OK P.O. Box 932 Elk City, OK 73648 580-225-0392 hipshot.steven@gmail.com<mailto:hipshot.steven@gmail.com>