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Bad Cannabis Headlines Dangerously Misinform Readers

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Marijuana laws are changing rapidly these days, so much so that even specialized news organizations solely dedicated to tracking cannabis policy sometimes have a hard time making sense of reforms.

Coverage this week by The Cannabist and Marijuana Business Daily provides a perfect example.

After California Gov. Jerry Brown (D) vetoed legislation that would have enacted new crimes prohibiting smoking or vaping tobacco and other substances on state coastal beaches and in state parks, the two news organizations reported the news with inaccurate headlines that could influence some readers to unknowingly break the law.

“California governor OKs marijuana use at beaches, state parks,” Marijuana Business Daily reported.

“Californians can smoke and vape weed in parks, on beaches, decides gov,” read The Cannabist’s headline of an Associated Press story.

While the reach of the legislation Brown vetoed did extend to cannabis as well as tobacco (“lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form”), the fact is that public marijuana consumption is not currently permitted in California.

Brown’s veto of the proposed bills does not change that.

California marijuana policy experts say that the false headlines in Marijuana Business Daily and in The Cannabist, which is owned by The Denver Post, could have dangerous consequences.

“The harm is that people will smoke or ingest cannabis in state beaches and parks, thinking that the governor gave the go-ahead to such public ingestions by vetoing those proposed bills,” Omar Figueroa, an attorney who handles cannabis cases, told Marijuana Moment in an interview. “Mistake of law is no defense.”

Brown, who vetoed similar legislation last year, said in a statement that the proposals were too broad. “If people can’t smoke on a deserted beach, where can they? There must be some limit to the coercive power of government.”

As it stands, with his veto, people can still smoke or vaporize tobacco on those shorefronts, subject to individual beach policies and local codes. But as was the case before, and despite the inaccurate headlines in some outlets, they still can’t consume cannabis there.

That said, marijuana reform advocates were nonetheless relieved that Brown vetoed the bills.

“If smoking were banned on beaches statewide, we would likely see increased enforcement, which would result in more cannabis consumers, including medical patients, cited for public consumption,” Ellen Komp of California NORML told Marijuana Moment.

Dale Gieringer, also of California NORML, agreed that the legislation would’ve put marijuana consumers at greater risk. “By flagging all smoking (and vaporization) as illegal, it would have increased the likelihood of citation for [cannabis] users, who can otherwise avoid detection by discreetly acting like tobacco smokers,” he said, adding that the fines they could face would also have increased.

Alex Pasquariello, editor of The Cannabist, declined to comment for this story, citing the fact that the organization’s post consisted of an Associated Press story. He did not reply to a follow-up question specifically about the headline his organization chose for the story or its image caption reading, “Californians will be allowed to smoke weed on beaches, due to a veto by Governor Jerry Brown of a bill that would have banned the behavior.”

Chris Walsh, the vice president for editorial & strategic development at Marijuana Business Daily, also said that his organization’s story was largely comprised of Associated Press content. But he did acknowledge that his team erred in framing the story.

“Our editorial team has taken another look at it and we agree that the headline and brief need to be reframed and clarified,” he said. “The piece itself was mostly from the Associated Press, but we are looking into it now to get some additional information so we can clarify as needed. We realize now that the headline could be interpreted differently than intended and we will modify accordingly.

This story was updated to include reaction from Marijuana Business Daily and California NORML.

If you value staying updated on cannabis news, please start a monthly Patreon pledge to support Marijuana Moment!

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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Google Execs Told Marijuana Jokes To Lighten The Mood After Trump’s Election, Leaked Video Shows

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Shortly after the 2016 presidential election, Google executives spoke at an all-hands meeting about the political ramifications of Donald Trump’s victory and fielded questions from employees about the path moving forward.

And to lighten the mood, they also cracked a few jokes about marijuana, which had just been fully legalized in California, the home of Google’s headquarters.

“Let’s face it, most people here are pretty upset and pretty sad because of the election,” Google co-founder Sergey Brin said at the beginning of the meeting. “But there’s another group—a small group—that we should also think about who are very excited about the legalization of pot.” 

Employees are heard applauding and laughing in the video, which was leaked to Breitbart by an anonymous source. (The video cannot currently be embedded, but it appears at the top of the page linked above).

“I was asking if we could serve joints outside on the patio, but apparently these things take a little while to take effect,” Brin continued. “It was a huge, huge disappointment.”

“I’ve been bemoaning that all week, I’ll be honest with you.” 

Of course, the meeting took on a more serious tone as executives discussed the policy implications of the incoming Trump administration and the role of Google in the modern political landscape. But the meeting didn’t wrap without one final nod to the passage of Proposition 64 in California.

Asked to weigh in on speculation that economist Jefferey Eisenach would be named as the chairman of the Federal Communications Commission, Google’s chief legal officer Kent Walker brushed it off with his own marijuana joke. 

“Anybody who thinks they know of the likely members of the Trump administration is taking premature advantage of Sergey’s favorite California proposition,” Walker said. “Nobody knows.”

Just as a matter of housekeeping, California’s adult-use marijuana law went into effect immediately after the proposition’s passage. So technically speaking, anyone 21 or older who would have consumed cannabis after the election wouldn’t be taking “premature advantage” of the law.

Perhaps to that end, Brin closed the post-election event by telling Googlers that “there’s food and drink on the patio,” but warned them to “be careful of the cookies.”

New Book: Obama Considered Decriminalizing Marijuana, But Then Trump Won

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Workers In These Industries Are Most Likely To Consume Marijuana

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It’s become increasingly clear that there’s no single “type” of marijuana consumer. But research has identified certain cultural trends, including a new study that examines the prevalence of cannabis consumption among workers in different industries.

The study, published this month in the International Review of Psychiatry, demonstrates that cannabis use is represented in a wide range of employment backgrounds—and some of the industries where using cannabis is most common might come as a surprise.

Let’s start with the numbers. Here’s a list of industries where workers use the most and least cannabis, which the researchers compiled based on 2013 and 2014 National Survey on Drug Use and Health data. The survey asks respondents whether they’ve used marijuana at least once in the past year.

Industry % marijuana use
Food Services 50.55
Education/Health 46.55
Construction/Mining 41.70
Retail 39.15
Professional 38.76
Manufacturing 21.68
Finance 15.70
Transportation 8.23
Wholesale 7.31
Public Administration 3.86
Agriculture 2.93

Note: Not all industries are represented in this list, which is limited by the data submitted by NSDUH respondents. Also, the study does distinguish different “job categories,” but not within each specific industry.

The point of the study wasn’t simply to show what kind of workers are using marijuana, but also for what purposes. If a survey respondent reported using cannabis in the past year, their use was then categorized as either medical, recreational or mixed (i.e. some of their cannabis consumption was recommended by a doctor, but not all of it).

You can see that breakdown in the table below, but in general, the study reveals a diversity of use types among different industries. People in construction tend to be mixed-use consumers, for instance, and people in food services tend to skew recreational. It’s difficult to explain these sub-trends without more data, however.

Via International Review of Psychiatry.

That said, the researchers were especially interested in cannabis use among construction and mining employees.

“One key difference between the user groups is the higher percentage of medical cannabis users in the construction and mining industries,” they wrote. “This is likely due to the higher injury rates in these industries: construction and mining work require physical stamina, often involve irregular schedules, and expose workers to weather, dangerous tools, and equipment.”

The study notes that there’s conflicting research about marijuana use in these industries, with some arguing that frequent use can result in increased workplace injuries and others contending that the therapeutic use of cannabis “addresses pain and other health problems… that often result from work-related injuries.”

That latter point is also consistent with a study released last month showing “evidence that legalizing medical marijuana improved workplace safety.”

Workplace Deaths Drop After States Legalize Medical Marijuana

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Federal Court Rules In Favor Of Worker Rejected For Medical Marijuana Use

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A Connecticut woman’s rights under that state’s medical marijuana law were violated when a company refused to hire her on the basis of her legal cannabis use, and a lawsuit seeking damages against her would-be employer may proceed, a federal judge ruled.

In 2016, Katelin Noffsinger filed suit against Bride Brook Health and Rehabilitation Center, a federal contractor, after a job offer was rescinded following a positive test for cannabis on a pre-employment drug test.

Noffsinger had accepted a management-level position with the firm, which then scheduled a drug test. Prior to the test, Noffsinger informed Bride Brook that she was a qualified cannabis patient under Connecticut’s Palliative Use of Marijuana Act, and used the drug—namely, synthetic marijuana pills, consumed in the evening—to treat post-traumatic stress disorder following a 2012 car crash.

After learning of Noffsinger’s patient status, Bride Brook officials debated over email the best way to inform her that she could not be hired because of her marijuana use.

After the positive drug test and the subsequent rejection, Noffsinger filed an employment-discrimination lawsuit in state court. The case was elevated to federal court after Bride Brook used federal drug laws—including federal cannabis prohibition—to justify their actions.

Unlike some other states including California, Connecticut’s medical-marijuana law, passed in 2012, offers specific employment protections for cannabis patients.

Employers don’t have to accommodate cannabis use during work hours or employees who are intoxicated in the workplace, but any off-hours marijuana use by a certified patient following state law is protected.

In court filings, Bride Brook argued that the federal Drug-Free Workplace Act preempted such protections.

Because Bride Brook was a federal contractor, it was required to perform such drug tests—and had the firm still hired Noffsinger after the positive drug test, it would have been “defrauding” the federal government, the firm argued.

In a ruling issued last week, U.S. District Court Judge Jeffrey Alker Meyer disagreed.

While Meyer rejected Noffsinger’s requests for summary judgment and attorney’s fees, his ruling means that Noffsinger can now seek monetary damages in a jury trial.

The federal Drug Free Workplace Act requires only that employers make a “good faith effort” to maintain a drug-free workplace, Meyer ruled.

Such efforts include posting warnings about drug use and setting an office policy.

A “zero-tolerance” policy that includes actively testing and then rejecting protected applicants on the basis of a test go above and beyond that threshold, Meyer wrote.

A previous ruling in Noffsinger’s case, also by Meyer, was the first instance in which a federal judge ruled that the federal Controlled Substances Act does not preempt state medical-marijuana laws that provide employment protections.

Other classes of workers, including workers in “safety-sensitive” positions and employees of the federal government, may have to wait for similar protections.

Employers In Medical Marijuana States Can Still Drug Test Employees, Federal Judge Rules

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