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Abilene Kugler

Jackie Burr Instructor

English 1010 Section 3

27 November 2018

Medical Marijuana: It’s Effects on the Workplace

and a Call to Action for the ADA

Equal opportunity for each man and woman to prove oneself— taking steps toward

success and prosperity in one’s own life. This concept has been omnipresent as part of the

American Dream since the foundation of the United States of America. One has the capability of

starting from nothing but their own being, and yet still aspiring and one day achieving

greatness— regardless of what their definition of this word may be. In 2010, Joseph Casias, a

fighter of brain cancer and father of two, was fired from his place of employment after

submitting a drug test revealing his use of medical marijuana. Joseph never used his marijuana in

the workplace; he never arrived to his job under the influence. He was fired. His legal use of the

drug that allowed him relief from crippling pain, the drug that allowed him to wake up in the

morning and work to provide for his family and cover his devastating medical bills, was also his

reason for unemployment (Rendall 316-7).

Marijuana used for medical purposes is currently legal in over 30 states nationally. This

number has risen exponentially since the earlier 2000’s. Use and growth of the cannabis plant

has always been present in the US: in the 1600’s most farmers reserved a portion of land to grow

the substance. Cannabis was originally used for the hemp it produces which has low levels of

THC, the hallucinogenic property of cannabis, for the production of clothing and other assorted

items. It wasn’t until the Civil War that cannabis gained its popularity in the medical community.
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Later, in the early 1900’s, marijuana’s use as a recreational drug was initiated (McNearny). This

began the cyclical prohibition and use of the drug. Despite the legality of medical marijuana in

several states, lack of federal approval leaves those people whom are prescribed the drug

vulnerable. They are not protected by the American Disabilities Act (ADA) and are left

jobless—unable to regain their bearings on life. In 1990, President Bush signed the act with one

intent: “[To] celebrate another 'independence day,' one that is long overdue. . . every man,

woman, and child with a disability can now pass through once-closed doors into a bright new era

of equality, independence, and freedom" (qtd. in Southeast ADA Center). Many individuals and

families have benefited greatly from the establishment of this act; however, Bush’s hope for this

to open doors for every family has not been realized. Revision of the ADA on a federal level to

implement inclusion of protection for patients using medical marijuana would benefit the

economy, improve disabled individuals quality of life, allow patients to provide familial and

personal support, aid in the solution to the opioid epidemic, and reduce frustration of

stakeholders in the issue.

Pain is a primary cause of disablement from any sort of physical labor, often even

hindering one's ability to sit at a desk for long hours. One study published in 2016 explains the

debilitating repercussions of physical pains on people looking to join the workforce. Conducted

using a survey of 2,804 vocational rehabilitation applicants, the survey resulted in applicants

reported the following: difficulty finding jobs, lack of skill, and problems resulting from the

randomness of severe pain and lack of energy. Applicants believed in the importance of their

own employment. The study recommends that counselors and policy makers strive to better

understand the needs of disabled individuals (Eckstein et al. 177-85). The results of the study

reveal a vast number of situations in which medical marijuana could provide relief from pain--
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taking one more step toward successful employment. These employment opportunities are

readily available for applicants. According to Binnyamin Appelbaum, “The main economic

concern in Utah and a growing number of other states is no longer a lack of jobs, but a lack of

workers.” Labor focused and low skill jobs once thought unattainable become a possibility for

patients with the use of medical marijuana. Filling these entry level jobs will aid in boosting the

American economy. Recently, Donald Trump imposed billions of dollars worth of tariffs on

foreign goods in hopes of bringing jobs back to America. Many corporations devastated by these

new policies may choose to follow in his hopes, opening up new surpluses of opportunities for

lower level workers. As Eckstein proved, the disabled community claims the vitality of their own

employment, and newly arising jobs could be the perfect fit should the government elicit the

protections required (177-85).

Low quality of life is another characteristic found in the cases of many disabled

individuals. Californian veteran, Michael, has used medical marijuana to drastically turn his life

around. Michael was deployed as a soldier in Afghanistan multiple times and now suffers from

PTSD. He claims that cannabis has alleviated many of his symptoms that traditional medications

have not been able to. Michael trusts in cannabis because of its traditional applications and

historical uses which have not been shown to result in major side effects. Many modern

medicines are relatively recent; although they have been tested and proven effective, long term

they could have dangerous effects. Michael encourages others who suffer from less severe

illnesses such as anxiety to try it out for themselves as well. He mentions at the end of his

interview that cannabis has improved his reflexes and increased his ability to maintain focus.

These improvements have benefitted him as an avid rock climber as well as having increased his

productivity, an important skill for his intensive studies as a psychology major in California. This
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positive progress and personal lifestyle benefits his life in many ways. Unfortunately, when

Michael goes out into the workforce after graduating it is likely that he will face opposition

toward the cure he has discovered works best for him (qtd. In Sharam). A 2017 case study

reported results of improved quality of life for patients using medical marijuana stating,

“[R]esponses indicated improvements in pain reduction, quality of life, social life, activity levels,

and concentration” (Vigil et al. 2). These results mimic Michael’s personal account and validate

his experience as a more reliable testimony.

One of the most momentous influences that use of medical marijuana provides patients is

the ability to support both themselves and any dependants they may have. David Zelman, a

licensed doctor of medicine, reviewed and approved an article stating that patients suffering from

fibromyalgia may have difficulty finding work and maintaining a steady job due to issues arising

from fatigue and pains during work hours (Fibromyalgia: Work and Disability). A 2011 study

breaks down the effects of of cannabis on fibromyalgia patients to determine if cannabis use

results in symptom relief. The study is taken using 28 cannabis users and 28 non-cannabis users.

Their collected data states that 81% of users reported strong relief from sleeping disorders and

14% of users reported strong relief from headaches. The study confirms the benefits of cannabis

in fibromyalgia patients (Fiz et al. 1-7). Reduced sleeping disorders and headaches will allow

patients a heightened ability to think clearly and manage time efficiently. These important

qualities will lead way for higher job retention rates for fibromyalgia patients. Higher employee

efficiency on an individual basis will benefit the company and heighten managerial success in

the workplace. Rendall Russell discusses many other applications of marijuana for disabled

individuals such as treatments for seizure, nausea, anorexia, and multiple sclerosis symptoms. He

does claim that medical use of marijuana as treatment of these medical states may benefit the
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workplace, making employees more “productive and self sufficient” (317). He also encourages a

flexible approach to who should be considered appropriate for this sort of treatment (vol. 22). He

notes airline pilots and structural steel workers as examples where marijuana would be an

unacceptable solution due to its side effects . Marijuana use will also increase independence by

reducing the need for living assistance. A care provider is a costly burden that many disabled

individuals require to complete basic tasks. If, on a case by case basis, marijuana is proven

effective for a user, it will significantly reduce their reliance on another individual for daily

functions, as well as potential financial debt.

Due to the minimal side effects of medical marijuana, positive supplement are offered for

those looking to transition off of opioids. In the United States more than 20% of chronic pain

patients who are prescribed opioids as their primary source of treatment misuse the medication.

This alarming statistic has lead to the opioid crisis in America which has involved over 33,000

deaths due to overdose in 2015 alone (Opioid Overdose Crisis). The epidemic has many negative

effects on society and encourages illegal activity paired with addiction. One scholarly article was

motivated with the goal of obtaining information proving or disproving the idea that marijuana

use and opioid prescription use have an inverse correlation. The study compares thirty-seven

opioid users enrolled in the New Mexico Medical Cannabis Program (MPC) to 29 opioid users

who were not part of the MCP. The results conclude that there is significant evidence to prove

that MCP enrollment and opioid cessation have a positive correlation (e.g. see fig. 1). The

conclusion also notes that MCP patients reported an improvement on overall quality of life (Vigil

et. al 1-13). The revelations found in this study provide aid to employees and employers given

that cannabis has fewer side effects. Cessation even coupled with replacement is a difficult task

for any drug user. Though some addicts may have a goal of a full end to all drugs in their lives,
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protection for their employment as the attempt to transition to a less harmful and less addictive

(in the case of low THC levels) medical recovery drug is vital to many success stories. A woman

named Susan Spellburg reveals her story of drug transitioning and the positive effects it has had

on her life. After years of suffering from chronic pain, her life took another turn for the worst as

a tumor developed around her spine. Her pain was debilitating and the opioids she was

prescribed as treatment left her feeling more lifeless than ever. When Dr. Mechtler observed her

total inability to work or even walk, he turned her attention towards medical marijuana as a

treatment. From then on, everything began to turn around. She was able to move and walk

around without assistance and successfully removed all opioid dependency from her system. Dr.

Mechtler’s institute— Dent Neurologic— reveals a statistic showing that Susan is not alone in

her success. 50% of DN’s 6,000 patients have successfully transitioned from opioid addiction to

medical marijuana use (qtd. in Wooten). 3,000 patients relieved from disability will directly

translate into a healthier and more productive working

Fig. 1. Data results from 2017 study in New Mexico: Table reveals that patients are likely to

reduce or entirely cease to fill opioid prescriptions during involvement in the study which

provided them with medical marijuana as a potential supplement. (Vigil et. al 2)

environment where ever each individual’s employment may reside. This secure and safe

employment is crucial to patients, especially due to the currently steep prices of quality legalized

medical marijuana.
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Lastly, ADA approval of marijuana and its medical use will enhance clarity for all

stakeholders. Doctors and medical professionals are some of the prime examples of stakeholders

in the industry. Their top priority is primarily to care for their customers but often strict and

confusing company policies deplete their ability to do so.

“[The] Drug Enforcement Agency (DEA) lists marijuana as a Schedule 1 drug, meaning

that it has no medical use. . . Both the DEA and FDA hold regulatory power over medical

professionals’ rights to prescribe medication. Physicians remain reluctant to recommend

marijuana for medical purposes. . . adding to the stigma felt by medical marijuana

patients

and health care professionals.” (Lamonica et al. 423)

Even when doctors feel that medical marijuana is an appropriate treatment for their clients,

outward pressures prevent them from offering the solution that they feel would most benefit their

patients. Another conflict of intention with actual implementation also arises within employers

and employees: employers look to have the most efficient staffing possible, yet the lack of

protection for their employees leads employers straight to termination of employees due to their

under education on the benefits medical marijuana brings to their employees.

Factors which would benefit the economy, improve disabled individuals quality of life,

allow patients to provide familial and personal support, aid in the solution to the opioid

epidemic, and reduce frustration of stakeholders in the issue are all reasons for which strong

federal action involving revision of the ADA to include medical marijuana users is vital. Though

this revision is key, the congressional process is a slow one and their are provisional steps that

will benefit stakeholders as this lengthy development ensues. Further testing should be done in

this meantime so that consumers are equipped with confidence in the success of this alternative
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care. This further testing will also aid doctors by providing clarity of usage and purpose—

potentially turning their minds towards current patients who may benefit from the treatment.

Development of educational services for doctors will also be beneficial; these services may be

provided and paid for by dispensaries as it would encourage a mutual benefit: doctors develop a

list of potential benefactors of the treatment, which if successful may gain them more patients—

and dispensaries sell more product from the doctor’s referrals. The end goal is a change for

employees at a federal level but these preliminary steps will prepare Americans and allow for a

more widespread benefit once revisions are made.

Works Cited

Appellbaum, Binyamin. “Lack of Workers, Not Work, Weighs on the Nation’s Economy.” The

New York Times. The New York Times, 21 May 2017. Web. 27 Nov. 2018.

Eckstein, Angela, et al. “Personal Characteristics of Vocational Rehabilitation Applicants:

Findings from the Survey of Disability and Employment.” Journal of Vocational

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Rehabilitation, vol. 46, no. 2, Mar. 2017, pp. 177–185. EBSCOhost,

doi:10.3233/JVR-160853.

Elliot, Denise. “Medical Marijuana and Its Impact on the Workplace.” The Legal Intelligencer.

Law.com, 27 May. 2018. Web. 14 Nov. 2018.

“Fibromyalgia: Work and Disability.” WebMD. WebMD, 2017. Web. 27 Nov. 2018.

Fiz, Jimena, et al. "Cannabis Use in Patients with Fibromyalgia: Effect on Symptoms Relief and

Health-Related Quality of Life." PLoS ONE, vol. 6, no. 4, 2011, p. e18440. Opposing

Viewpoints in Context,

https://link.galegroup.com/apps/doc/A476893827/OVIC?u=onlinelibrary&sid=OVIC&xi

d=c45be4ce. Accessed 6 Nov. 2018.

Lamonica, Aukje K., et al. “Gaps in Medical Marijuana Policy Implementation: Real-Time

Perspectives from Marijuana Dispensary Entrepreneurs, Health Care Professionals and

Medical Marijuana Patients.” Drugs: Education, Prevention & Policy, vol. 23, no. 5, Oct.

2016, pp. 422–434. EBSCOhost, doi:10.3109/09687637.2016.1150963.

Metts, Julius, et al. “Medical Marijuana: A Treatment Worth Trying?” Journal of Family

Practice, vol. 65, no. 3, Mar. 2016, pp. 178–185. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=aph&AN=113533218&site=ehost-live.

McNearney, Allison. “The Complicated History of Cannabis in the US.” History. A&E

Television

Networks, 20 Apr. 2018. Web. 27 Nov. 2018.

“Opioid Overdose Crisis.” National Institute on Drug Abuse. USA.gov, Mar. 2018. Wev. 27

Nov.
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2018.

Rendall, Russell. “Medical Marijuana and the Ada: Removing Barriers to Employment for

Disabled Individuals.” Health Matrix: Journal of Law-Medicine, vol. 22, no. 1, Winter

2012, pp. 315–343. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=aph&AN=75497320&site=ehost-live.

Sharam, Steve. “Cannabis Helps Increase Productivity. No, Seriously.” Civilized. Civilized, 19

May 2018. Web. 14 Nov 2018.

Southeast ADA Center. “ADA - Findings, Purpose, and History.” ADA Anniversary. National

Institute on Disability, Independent Living, and Rehabilitation Research, 2018. Web. 27

Nov. 2018.

Vigil, Jacob M., et al. “Associations between Medical Cannabis and Prescription Opioid Use in

Chronic Pain Patients: A Preliminary Cohort Study.” PLoS ONE, vol. 12, no. 11, Nov.

2017, pp. 1–13. EBSCOhost, doi:10.1371/journal.pone.0187795.

Wooten, Michael. “Making the Switch From Opioids to Cannabis.” WGRZ. WGRZ-TV, 14 Nov.

2018. Web. 27 Nov. 2018.