Marijuana Legalization: Constitutional Crisis and Increased Costs and Legal Jeopardy for Employers?

Click here to see our previous marijuana statement

Click here to see testimony from CEO Stenhouse

April 5, 2017. Providence, RI — Concerned about the lack of serious debate about the societal impact of legislation that would legalize recreational marijuana use, the RI Center for Freedom & Prosperity today published a policy brief that underscores the high risks that employers would face without adequate statutory protections. The brief follows a statement last month by the Center about the potential negative impact on family culture.

“If we want to increase opportunities for meaningful work for Rhode Island families, we need every employer and every job to remain in our state,” warned Mike Stenhouse, CEO for the Center. “Imposing new legal risks on the business community, without proper evaluation and accommodation, would be an irresponsible act that would further harm our already last-place business climate.”

With hearings expected on the legislation next week, according to the policy brief, the legalization of recreational marijuana would create a constitutional crisis, whereby increased usage rates, could create major legal jeopardy and new costs for employers:

  • Legal jeopardy and costs for employers
  • Workplace safety
  • Increased drug testing costs for employers
  • Increased workers’ compensation costs and liabilities
  • Difficulty in identifying, recruiting, hiring, and maintaining drug-free employees
  • Loss of employee productivity
  • Increased costs to taxpayers for social services programs for those who become or remain unemployed for marijuana related reasons

“I have professionally dealt with employees who are concerned about their own personal safety when their co-workers are stoned in the workplace,” said Michael Cerullo, an Adjunct Scholar to the Center on the issue of substance abuse. “Increased usage of marijuana will invariably lead to decreased safety and productivity in manufacturing and other work environments, and will create legal problems for employers who seek to maintain a drug-free workplace.”

Cerullo is founder of What’s the Rush RI and is one of the state’s leading activists against marijuana legalization until a more thorough examination of the data from other states can be made. He is a private practice psychotherapist. Cerullo has evaluated and treated hundreds of adolescent and emerging adults involved with DCYF, the Family Court and justice system and with residential rehab programs.

As a more prudent approach, and in order to better understand these and other issues, the Center and Mr. Cerullo support the concept of a legislative study commission to properly vet data from other states and to evaluate the potential impacts of legalization across the board. The Center recommends a two-year commission study and reporting period so as to allow for even more research to be compiled. This approach is in keeping with the prestigious Rand Corporation’s view that it will not be until 2020 that we will fully see what changes take place in use, revenue, black market activity, big marijuana industry behavior and in downstream treatment, public health and safety trends.

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