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In the next CBA, NFL is prepared to make major concessions under the substance-abuse policy


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5 hours ago, JoshAllenHasBigHands said:

 

I haven't done a 50 state survey on the subject, I just know New York and Connecticut have laws that prohibit employees from engaging in lawful off duty activities.  I guess I don't know about the rest of the states.  

 

 

Nevada has legalized marijuana but the major employers still test and deny applicants for positive tests. I believe federal legalization is right around the corner. Certainly with the next political administration whether that be 2020 or 2024.

 

It's just asinine for the NFL to concern themselves with something as harmless as marijuana while hooking players on much more destructive opiates.

 

For the record, I do not smoke weed and really can't stand it. I prefer to get obliterated on booze.

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6 hours ago, JoshAllenHasBigHands said:

 

Employers are not allowed to prohibit employees from engaging in legal off duty conduct.  There is a quasi-exception for Marijuana (in most states) because its illegal at the federal level.  

 

If marijuana becomes legal at the federal level, and a player lives in California or some other legalized state, the NFL 100% would not and should not be allowed to direct players not to get high. 

Well they do, all the time. Many hospitals will test employees for nicotine by-products.

Edited by BringBackOrton
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7 hours ago, JoshAllenHasBigHands said:

 

Employers are not allowed to prohibit employees from engaging in legal off duty conduct.  There is a quasi-exception for Marijuana (in most states) because its illegal at the federal level.  

 

If marijuana becomes legal at the federal level, and a player lives in California or some other legalized state, the NFL 100% would not and should not be allowed to direct players not to get high. 

 

4 hours ago, JoshAllenHasBigHands said:

Yeah, but, again, employers are only allowed to do that because pot is illegal at the federal level.  If that wasn't the case, and New York legalized marijuana, they wouldn't be allowed to do that. Heavy equipment is an obvious exception. 

 

Its like alcohol.  If you show up drunk, you are done.  Conversely, if you drink on your free time, an employer can't fire you. 

 

 

This not true.  Employers have the right to test potential and current employees for drug use, whether they are suing "legal" drugs or not.  They can do what they want as long as they are not doing so in a discriminatory way.  You, as the potential employee are free to refuse to work for such companies.     None of this will ever change.

 

Anyway, the NFL is tossing a small percentage of players a bone (pun intended).  By placating a relative handful of players, they saying to everyone else...."still no guaranteed contracts for all".

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8 minutes ago, Mr. WEO said:

 

 

 

This not true.  Employers have the right to test potential and current employees for drug use, whether they are suing "legal" drugs or not.  They can do what they want as long as they are not doing so in a discriminatory way.  You, as the potential employee are free to refuse to work for such companies.     None of this will ever change.

 

Anyway, the NFL is tossing a small percentage of players a bone (pun intended).  By placating a relative handful of players, they saying to everyone else...."still no guaranteed contracts for all".

 

I guess I don’t understand what you mean by a “legal” drug. If it’s an opioid, or some other prohibited drug, but you have a prescription, you cannot be fired for it. Marijuana is an exception because it’s illegal at the federal level. 

 

If it makes a difference, I’m not talking out of my ass. I’m a lawyer and am published on this very topic—employers’ legal obligations in a world post-marijuana legalization

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Smoke more - drink less.  World would be a MUCH better place.

 

I say PED test EVERY player at the beginning, middle and end of regular season.  Sorta eliminates that loophole that "some" people get thru.....weed testing is a waste of time.

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I've heard that Dan Fouts smoked before every game and a friend of mine in southern Oregon says he grew some of it. Hard to say whether it was performance enhancing or not, but Dan was pretty good in his day.

8 hours ago, HOUSE said:
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Posted by Mike Florio on March 6, 2019, 7:18 AM EST

 

With the War on Drugs long over (did we win?), the NFL has begun to quietly realize the folly of its ongoing efforts to police the private lives and bodily fluids of players who may from time to time or more often than that enjoy the pungent fumes of a certain burning leaf. And the next Collective Bargaining Agreement likely will reflect that.

Per a league source, the NFL is prepared to make major concessions regarding the substance-abuse policy, especially as it relates to marijuana.

The details of the concessions aren’t known. A complete abandonment (and implicit legalization) of marijuana is possible, but if the league goes in that direction it would need to have a procedure in place for players who are charged criminally with marijuana-related offenses in the states where marijuana continues to be banned.

A delicate balance may be required. It the law of the land becomes “smoke at will as long as you’re in a weed-legal state,” plenty of free agents will flock to teams in states where it’s legal. So maybe the best approach would be to simply dump marijuana from the list of banned recreational drugs, and move on.

 

 

https://profootballtalk.nbcsports.com/2019/03/06/in-the-next-cba-nfl-is-prepared-to-make-major-concessions-under-the-substance-abuse-policy/

Saw a guy bounce around the inside of a car when a red hot chunk of hash fell into the top of his pants, luckily he wasn't driving.

Edited by Turk71
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6 minutes ago, Turk71 said:

I've heard that Dan Fouts smoked before every game and a friend of mine in southern Oregon says he grew some of it. Hard to say whether it was performance enhancing or not, but Dan was pretty good in his day.

Saw a guy bounce around the inside of a car when a red hot chunk of hash fell into the top of his pants, luckily he wasn't driving.

 

I hope you don’t have a scar!  

 

 

?

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33 minutes ago, Turk71 said:

 

Saw a guy bounce around the inside of a car when a red hot chunk of hash fell into the top of his pants, luckily he wasn't driving.

 

Driving home from a ski weekend, a friend of a friend witnessed the drivers shirt catch fire from a stray ember. Shotgun had to put it out. It all worked out and I'm told it was pretty funny.

 

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5 hours ago, Kwai San said:

Smoke more - drink less.  World would be a MUCH better place.

 

I say PED test EVERY player at the beginning, middle and end of regular season.  Sorta eliminates that loophole that "some" people get thru.....weed testing is a waste of time.

 

Save the bs hippy. I'm not against weed. But people abuse both and that doesn't make the world a better place. What a dumb post.

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11 hours ago, JoshAllenHasBigHands said:

 

I guess I don’t understand what you mean by a “legal” drug. If it’s an opioid, or some other prohibited drug, but you have a prescription, you cannot be fired for it. Marijuana is an exception because it’s illegal at the federal level. 

 

If it makes a difference, I’m not talking out of my ass. I’m a lawyer and am published on this very topic—employers’ legal obligations in a world post-marijuana legalization

 

 

If an employer lists marijuana as a substance that they will test for and exclude you from being hired if positive, it is in within their rights to do so, whether MJ is locally "legal" or not.  If random drug tests for any substance that they ban as a condition of ongoing employment are positive, they have a right to enforce whatever penalty for positive tests that you agreed to as a condition of employment.

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1 minute ago, Mr. WEO said:

 

 

If an employer lists marijuana as a substance that they will test for and exclude you from being hired if positive, it is in within their rights to do so, whether MJ is locally "legal" or not.  If random drug tests for any substance that they ban as a condition of ongoing employment are positive, they have a right to enforce whatever penalty for positive tests that you agreed to as a condition of employment.

 

Yes.  That is currently true.  But that is only currently true because it is illegal at the federal level.  

 

New York courts haven't addressed it, but this case from Colorado is instructive.  Brandon Coats v. Dish Network, LLC, 2015 CO 44 (2015).  

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17 hours ago, JaCrispy said:

OP...what movie is that?!?! I have to see it...I’m lmao just from the clip!!! ???

one of the greatest films of all time.  Grab a white russian and a joint and watch the Big Lewbowski ASAP

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12 minutes ago, JoshAllenHasBigHands said:

 

Yes.  That is currently true.  But that is only currently true because it is illegal at the federal level.  

 

New York courts haven't addressed it, but this case from Colorado is instructive.  Brandon Coats v. Dish Network, LLC, 2015 CO 44 (2015).  

 

Only 8 states protect the use of "lawful products" and 4 states protect any lawful activity.  In only 2 of those 12 states is MJ legal for recreational use by state law. 

 

It will be a long time before the federal statues change to make MJ legal. 

 

These 2 realities make it unlikely for most such terminations to be successfully challenged, including the one you cited.

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4 minutes ago, Mr. WEO said:

 

Only 8 states protect the use of "lawful products" and 4 states protect any lawful activity.  In only 2 of those 12 states is MJ legal for recreational use by state law. 

 

It will be a long time before the federal statues change to make MJ legal. 

 

These 2 realities make it unlikely for most such terminations to be successfully challenged, including the one you cited.

 

I guess now I don’t really understand your point. 

 

Truth it, most of what you said is right, but for all the wrong reasons.  Like, its true an employer can test and then fire, but you don't fully understand why that is.  

Edited by JoshAllenHasBigHands
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22 hours ago, Bills2ref said:

It makes sense given that many states are making marijuana legal. That being said, if the NFL does not want their employees smoking it should be completely up to them. 

 

There are NO states with MJ legal. The states have decriminalized (basically not spending resources on it) it but it is still illegal per federal law.

21 hours ago, Just Joshin' said:

Really - so what about the other legal substances they ban?

That stuff T*m Br*dy's chemist mixes.

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