Wednesday, January 25, 2017

Ithaca DWI Lawyer: The Dangers of Marijuana Use and a State License

Nothing Like a Colorado Rocky Mountain High
Just this month a New York Times article really brought to light how we are living in dangerous times. The best of times and the worst of times when it comes to the legalization of marijuana. With more than twenty five states now with medical pot and many with recreational marijuana sales in the billions are we heading for National legality? Are we as far as we think we are progressively when it comes to accepting marijuana for what it is? If you hold a teaching certification or other professional license in New York State is it dangerous to smoke or consume marijuana while on a Colorado or California vacation?

A Texas Teacher Consumed Marijuana on a Colorado Vacation and Had Her Teaching Certification Placed in Jeopardy

I can relate, my daughter used to live in Colorado Springs and I went with her to a pot shop. It was Christmas and bought two grams, one of cold kush and the other ripped buddha. All I can say is this marijuana was potent.

Anyway our school teacher also took a Christmas break in Colorado. I guess she discussed her partaking amongst her colleagues back in Texas. Next thing she knows she's being investigated and then tested. She admits to consuming pot (her first mistake) and then they find a positive hair sample for THC. Can you imagine using a hair sample to confirm THC use?

The Texas Education Agency sought to suspend her teaching certification for two years, after all we all know teachers that smoke pot (while on vacation) are dangerous to our children. This agency then asked the state office of administration to punish her. Now the teacher resigned anyway but the case was recently heard by an administrative law judge.

At One Level We Have a Common Sense Judge But This Teacher Has Multiple Hoops

The judge likened punishing the teacher for smoking while on vacation to punishing her for gambling while on vacation. Both activities are illegal in Texas so what's the difference. In his and her favor he did NOT find her Unworthy to instruct students and recommended that the education agency which oversees teachers take NO action against her.

Unfortunately the state education agency is not done with this teacher and said the State Board of Educator Certification would also have a say. She can still be suspended, reprimanded, or even revoked of her teaching certificate.

This case shows that all the different and varying state laws and rules concerning marijuana is going to be an ongoing problem. People holding teaching certifications who go to one of the recreational marijuana states (eight and growing) are going to ave to be mindful of consequences back in their home states.

Prescription marijuana doesn't work state to state like other prescription medications

A Scrip and marijuana from New Jersey or California or Ohio can't be brought to a state where marijuana is still illegal. You can't even take your prescription marijuana medication in any state accept the state you hold a medical marijuana card.

The dangers to people who hold state licensure of any type are to their professional ability to practice. Your livelihood may be jeopardized by your marijuana use while on a vacation.