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So.... the "Holy Herb" is finally legal.....  Rate Topic 
 
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 Posted: Wed Sep 19th, 2018 07:34 am
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MichaelK
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Serra Moz i get your point, however its irrelevant how an individual handles his or her alcohol or zolletjie, its the level of THC or alcohol in ones system thats important

It becomes a problem with alcohol when an individual does a breatherlizer trying to enter through security to get into his place of work. If he is over the limit then he is prevented from entering and reported to HR.

With Dagga, you get home on friday and have a spliff. On monday morning going to work, you are singled out and made to take a saliva or urine test. Your results will show positive.

Now another person may be sitting in his car 2 min away from work and smoking up a storm. Then 5 min later he trys to enter his place of work. The same saliva or urine test will be performed and will show a positive just like the previous example.

Thats why im saying things are going to become very difficult for employers to monitor the levels of THC in a person system inorder to determine if they are at an acceptable level to be at work or not.

Last edited on Wed Sep 19th, 2018 07:35 am by MichaelK

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 Posted: Wed Sep 19th, 2018 07:39 am
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Serra Moz
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MichaelK wrote:
Serra Moz i get your point, however its irrelevant how an individual handles his or her alcohol or zolletjie, its the level of THC or alcohol in ones system thats important

It becomes a problem with alcohol when an individual does a breatherlizer trying to enter through security to get into his place of work. If he is over the limit then he is prevented from entering and reported to HR.

With Dagga, you get home on friday and have a spliff. On monday morning going to work, you are singled out and made to take a saliva or urine test. Your results will show positive.

Now another person may be sitting in his car 2 min away from work and smoking up a storm. Then 5 min later he trys to enter his place of work. The same saliva or urine test will be performed and will show a positive just like the previous example.

Thats why im saying things are going to become very difficult for employers to monitor the levels of THC in a person system inorder to determine if they are at an acceptable level to be at work or not.



Bro ...ask us okes the works in the maritme / oil & gas outfits.... 100% what you said..sad indeed. We do medicals... weed in system you are gone... as with an oke that did Coke or Heroin or Speed a few days before will normally pass the medical... so there you back to square

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 Posted: Wed Sep 19th, 2018 08:22 am
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willem wikkel spies
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MichaelK wrote:
This judgement makes things a little tricky for employers enforcing their substance abuse policy.

The Occupational Health and Safety act demands that an employer must ensure that the workplace is safe. This includes making sure that nobody operates dangerous machinery whilest inebriated.

Please note this include abuse of prescription medication as well, any substance that will cause a person to be in an altered state of mind.

The problem for employers becomes the monitoring / testing part with dagga.

Dagga can stay in a persons system for up to 2 weeks, this obviously does not mean that after consumption, 2 weeks later the individul is still stoned. However the drug is still present in his or her system and when conducting a urine or saliva test, a positive result will be indicated.

According to most substance abuse policies in place this will result in the employee being prevented from entering the work place. The employer will be well within their right to institute disciplinary action against the employee, as with an inebriating substance being present in their systems they effectively place all employees in their workplace at risk.

The only true way to effectively monitor the level of cannabis or THC in your system is to conduct a spectrophotometric test, which at current prices costs around R2000 per test.

So this is going to make things very difficult for employers at the moment.

Labour and law enforcement are going to have to come up with answers very quickly.

The other issue away from work is will one get prosecuted for driving stoned and what level of THC in your blood stream would constitute an offence to be on the road


interesting, but....why do we want to make things difficult.
use technology man.
make video recordings etc. no need for stupid expensive tests.

you cannot fight a video recording.

all you need is the employee who took the video to testify that she/ he took it.
they are witnesses and the video recording will basically proof their testimony.


but I agree. interesting times ahead.
its not a free for all.

big circles are going to be made....watch this space

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 Posted: Wed Sep 19th, 2018 08:30 am
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trevour
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My understanding is that testing positive on a urine test, will not be grounds for any sort of legal or disciplinary action. You would need evidence that proves that they are under the influence at work or whatever the situation may be.

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 Posted: Wed Sep 19th, 2018 08:33 am
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Serra Moz
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trevour wrote:
My understanding is that testing positive on a urine test, will not be grounds for any sort of legal or disciplinary action. You would need evidence that proves that they are under the influence at work or whatever the situation may be.


LOL... your understanding is 100% wrong... In the Maritime industry - you do a "piss test" - if positive.. they will do a second test right there and then, and then you gone!

Last edited on Wed Sep 19th, 2018 08:33 am by Serra Moz

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 Posted: Wed Sep 19th, 2018 08:40 am
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Dr halibut hoffman
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I wonder how the drug testing at work relates to individual rights of privacy enshrined in the constitution, if one is testing for employees that smoked on the weekend, on monday..that is pretty ethically wrong and if you are testing using a methodology for employees stoned on monday and also catching ones that got stoned in their own time on the weekend, one is not even considering the ethical implications of that which in itself has legal implications.

This is now a brave new world, where my rights have now for the first time have got to be respected..Many will now struggle to get their heads around that but hey, their problem not mine as said before.. Employers will now have to implement an ethical means of work place drug testing. And I think that it is just and fair on the stoners who have been victimised (illegally) for far too long. Now they can sue you. Boom. The weekend being their private time and all? The laws that have been recognized in this judgement have been in place since '96. The employers, government, police etc.. have been acting illegally since '96 let me remind you, the judgement is just a recognition of that. If my personal stash gets confiscated now, I can lay charges of theft with the police and they have to investigate..hows that?! LOL :)

It is time to get ones head around one does not have ownership over another adults body or mind? In an employee situation, one is renting their time and their skills for the time when they are working and nothing more than that..

On the note of workplace safetly, some of the biggest party animals I have known have been the PILOTS! LOL They just tended to drink beer, lots and lots of it as it passed through the system quick enough if they kept the tolerance high enough. A very dangerous workaround to the current failed workplace drug testing policies. In addition they had a penchant for novel and powerful psychedelics which would not be picked up on any test and most anyway were so close to existing brain chemicals that they could not be picked up as an anomaly if one tried with the best technology. There will always be a way to beat a test. In the old days of the tour da france, when it was legal, the hill climbers hearts used to explode (it happened hence making sport doping illegal) after eating 200 amphetamine tablets on the way up the hill..Now that it is all illegal (rightly so in sport competition), to think cheating does not happen would be foolish. Now it is all off season doping with doctors (it happens, I have known olympic athletes and was told most dope or they can't compete at the top in such a short carreer) and now with blood transfusions and lithium polymer batteries inside the bicycle tubes and hub based secret motors it just gets creative! Humans will always find a way to get around the accepted norm and push the boundary, it is in our nature. It is as human as getting pissed or having another human.

But ja michael the flip side of your point, is what when employers realize that a large percentage of employees were actually getting stoned all along and everyone was unaware until now, that we are looking. And then what when the labour pools dry up as stoners are excluded, and then the employers and industry are forced to accept them and give up on testing for most applications?

That has already happened in the states. The trend was noticed in 2013/4 as far as I know and up to today, the stoners can all get employed now in most industries (where safety is not paramount). In fact also the legal cannabis industry itself, in the states, now employs more people than the dental industry. California is the one state that never had a recession and has one of the biggest and most vibrant industries of any place on the planet, it also has one of the highest per capita cannabis consumption levels. Food for thought.

Notice below the emphasis on "workplace safety" , but also "respecting the law". In our case the law was not signed into force yesterday, it was signed into force in '96. Yesterday the highest court of the land recognized that the law was not being adhered to and demanded that it was.

https://www.cnbc.com/2014/09/17/marijuana-nearly-10-percent-of-americans-go-to-work-high-survey.html

" Smaller businesses, meanwhile, with limited resources to test employees are in the early stages of figuring out next steps. Even in places like Colorado where recreational cannabis use is legal, employers are trying to strike a balance between respecting the law and establishing clear workplace rules.

Christopher Myers, co-founder of BodeTree, a 15-employee start-up based in Denver, says he has yet to create a policy strictly for marijuana use in the workplace.

As an online service that helps small businesses manage and understand their finances, BodeTree has to comply with financial institutions' policies for protecting client data. Myers said there's a zero tolerance policy when it comes to substance use on the job.

"It's an interesting balance, because we need a policy that is compliant with federal and state law," he said. "And we are respectful of those laws. But we don't want someone showing up to work drunk, on Vicodin or high on marijuana."

For now, Myers isn't performing spot testing for marijuana consumption on employees.

"The testing technology in Denver will detect if you have been using marijuana in the past 30 days," he said. "From a policy point of view, no one knows how to handle it."
More drug testing?

Curtis Graves, staff attorney at Mountain States Employers Council in Colorado, says there has been somewhat of a spike in employer drug testing since pot was legalized in 2013, but this is a nationwide trend.

"In Colorado, there was interest in having new drug policies, and adding language to existing policies so that workers know regardless of legalization, they can't use on or off duty at work," Graves said.

If workers test positive in Colorado, while on duty at work, they can be terminated for cause, Graves said.

For now, Myers of BodeTree says he hasn't had any issues with on-site marijuana usage, and hasn't decided yet if he will be changing his policy.

"We are keenly observing the landscape right now—it will be an interesting couple of years across the country, if you look state-by-state, the momentum is toward legalization right now. It's inevitable, so just like with any human resources issue or company policy, it's never cut and dry," Myers says. "It will take employers time to figure out the right path."

https://www.usatoday.com/story/money/careers/employment-trends/2018/05/03/labor-shortage-businesses-mellow-over-hiring-pot-smokers/573710002/

"Twenty-nine states and Washington D.C, have legalized the use of medical marijuana and on top of that, nine states have legalized recreational pot. But the question is, why was it illegal in the first place?"

https://www.bloomberg.com/news/articles/2018-03-05/the-coming-decline-of-the-employment-drug-test

"Employers are struggling to hire workers in the tightening U.S. job market. Marijuana is now legal in nine states and Washington, D.C., meaning more than one in five American adults can eat, drink, smoke or vape as they please. The result is the slow decline of pre-employment drug tests, which for decades had been a requirement for new recruits in industries ranging from manufacturing to finance.

As of the beginning of 2018, Excellence Health Inc., a Las Vegas-based health care company with around 6,000 employees, no longer drug tests people coming to work for the pharmaceutical side of the business. The company stopped testing for marijuana two years ago. “We don’t care what people do in their free time,” said Liam Meyer, a company spokesperson. “We want to help these people, instead of saying: ‘Hey, you can’t work for us because you used a substance,’” he added. The company also added a hotline for any workers who might be struggling with drug use.

Last month, AutoNation Inc., the largest U.S. auto dealer, announced it would no longer refuse job applicants who tested positive for weed. The Denver Post, owned by Digital First Media, ended pre-employment drug testing for all non-safety sensitive positions in September 2016. "

So you have to adapt as an employer. The same way the smokers have had to adapt to UNLAWFUL persecution for the last 22 years here in SA. ;) Gotta love it. Justice has been served.

Last edited on Wed Sep 19th, 2018 10:14 am by Dr halibut hoffman

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 Posted: Wed Sep 19th, 2018 08:47 am
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Dr halibut hoffman
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Serra Moz wrote: trevour wrote:
My understanding is that testing positive on a urine test, will not be grounds for any sort of legal or disciplinary action. You would need evidence that proves that they are under the influence at work or whatever the situation may be.


LOL... your understanding is 100% wrong... In the Maritime industry - you do a "piss test" - if positive.. they will do a second test right there and then, and then you gone!

Piss test wont stand up for anything as they are not quantitative but qualitative tests, they are however highly sensitive and will indicate for a second blood test which will have to be done right there and then for legal proof, same as dronk driving..The blood test will show that the person was recently stoned or not recently stoned or has not been stoned at all like the famous secondary stoned snowboarder who went to court and had his medals right fully given back to him. The reason the blood test not done most times is cost. It cost less to stamp on someones rights, so employers have en mass. But they won't be able to do that anymore, now if they want to be hard, then they will have to pay to be hard. It is Just. But as above articles show, it then gets them a reputation for being hard which can hinder or help them depending on the industry. It is allowing nature to take its course as opposed to trying to steer the unsteerable and creating human collateral damage along the way. ;)

https://deadspin.com/how-a-stoned-canadian-changed-sports-history-990167249

Some history..he fought it after winning a medal, then getting stripped of it for second hand smoke levels in later blood tests, after a piss test picked him up..He got given his medal back. It costs more to get the truth so employers/olympic commitees would generally rather go for the cheaper option, even if there is innocent collateral damage. This event started a debate in Canada which raged till this year only when full legalization was achieved. Our constitution affords more rights than theirs and we have more freedoms..It is coming..don't worry. It is the pharmaceutical zealots that are going to have to make the adjustments not the commoners this time round. The many wheels are slowly turning that have long ago been set in motion, the wheels of justice in SA grind slow but they grind fine..

Last edited on Thu Sep 20th, 2018 09:36 am by Dr halibut hoffman

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 Posted: Wed Sep 19th, 2018 08:54 am
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trevour
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My understanding is not 100% wrong. In the maritime industry..... Let me remind you that something changed as recently as yesterday. Before yesterday it was not legal to smoke. The maritime industry are not excluded from the new law, and having thc in ones system as a result of smoking in the comfort of ones home is no longer going to be a dismissable offence.

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 Posted: Wed Sep 19th, 2018 08:54 am
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Serra Moz
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Dr halibut hoffman wrote:
Serra Moz wrote: trevour wrote:
My understanding is that testing positive on a urine test, will not be grounds for any sort of legal or disciplinary action. You would need evidence that proves that they are under the influence at work or whatever the situation may be.


LOL... your understanding is 100% wrong... In the Maritime industry - you do a "piss test" - if positive.. they will do a second test right there and then, and then you gone!

Piss test wont stand up for anything as they are not quantitative but qualitative tests, they are however highly sensitive and will indicate for a second blood test which will have to be done right there and then for legal proof, same as dronk driving..The blood test will show that the person was recently stoned or not recently stoned. The reason the blood test not done most times is cost. It cost less to stamp on someones rights, so employers have en mass. But they won't be able to do that anymore, now if they want to be hard, then they will have to pay to be hard. It is Just. But as above articles show, it then gets them a reputation for being hard which can hinder or help them depending on the industry. It is allowing nature to take its course as opposed to trying to steer the unsteerable and creating human collateral damage along the way. ;)



It's in our pre employment contract + company policy bro!

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 Posted: Wed Sep 19th, 2018 08:58 am
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Serra Moz
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trevour wrote:
My understanding is not 100% wrong. In the maritime industry..... Let me remind you that something changed as recently as yesterday. Before yesterday it was not legal to smoke. The maritime industry are not excluded from the new law, and having thc in ones system as a result of smoking in the comfort of ones home is no longer going to be a dismissable offence.

You worked or are working in the Maritime Industry? No I guess not, we have international laws, likewise for my Dutch co-workers from Amsterdam...LOL... they will get sacked if tested positive...

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 Posted: Wed Sep 19th, 2018 09:01 am
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Serra Moz
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trevour wrote:
My understanding is not 100% wrong. In the maritime industry..... Let me remind you that something changed as recently as yesterday. Before yesterday it was not legal to smoke. The maritime industry are not excluded from the new law, and having thc in ones system as a result of smoking in the comfort of ones home is no longer going to be a dismissable offence.

Simple - SA Law, vs International Law or international Maritime Law for that matter... So they will let goofball Pilots fly? LOL...

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 Posted: Wed Sep 19th, 2018 09:02 am
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trevour
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If the maritime industry have a set of laws to themselves, or follow an international standard then perhaps I am wrong on that, but that makes me 0.1% wrong which is nowhere near your 100%

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 Posted: Wed Sep 19th, 2018 09:08 am
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Serra Moz
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trevour wrote:
If the maritime industry have a set of laws to themselves, or follow an international standard then perhaps I am wrong on that, but that makes me 0.1% wrong which is nowhere near your 100%

Jizzuz... what you on about... that is what I said.. And I am sure that the transportation services - bus - trains - planes will follow the same route... Own set of rules.. doen't matter if Planet Mars allows you to do 8 ballers in church or Utophia allows you to snort lines in KFC... there's a thin blue line..

Tied into pre employment + on the job rules + regs

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 Posted: Wed Sep 19th, 2018 09:11 am
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Dr halibut hoffman
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In workplace if you are on drugs in industries where safety is paramount, you'll get fired whether drug is legal or not..you can't as said rock up pissed.

Nothing has changed..In all law it must be proven..in contract, criminal, common etc..For proof you require a blood test. A piss test is and will only ever be an indication. Legal precedent has long been set in that regard. But ja you prove that they were recently enough stoned and they are fired.. Cant be goofed and running a rig with many peoples lives at risk..come on..Just like you can't be pissed or coked up LOL..look at the concordia disaster!

BTW trevour nothing changed yesterday..
Except that the highest court agreed with what many of us have been saying for a long time that is : Since '96 when the constitution was enacted, peoples' basic human rights have been trodden over willy nilly style by State and its arms enforcing illegal legacy apartheid era lower laws that have no bearing in a young, modern and caring democratic nation.

It has been my right since '96, long before I started inbibing. It is now just recognised officially that is all and the highest court of the land has said "Enough!". Since yesterday. Everyone must now start, by law, acting accordingly. Officially. That's all folks. if you follow history the weed, or laws against it, have been used as an effective tool to bully and beat the minorities or masses in submission or in the case in the states to keep the privatized prison system full and profitable. But that time is drawing to a close. History has repeated itself enough times by now. The formerly persecuted all around the world are now forcing things to move on to new pastures through the same courts that were used to persecute them and it makes me smile as I recognize God's sense of humour.

Namaste.

:)

Last edited on Wed Sep 19th, 2018 09:14 am by Dr halibut hoffman

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 Posted: Wed Sep 19th, 2018 09:15 am
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Serra Moz
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Dr halibut hoffman wrote:
In workplace if you are on drugs in industries where safety is paramount, you'll get fired whether drug is legal or not..you can't as said rock up pissed.

Nothing has changed..In all law it must be proven..in contract, criminal, common etc..For proof you require a blood test. A piss test is and will only ever be an indication. Legal precedent has long been set in that regard. But ja you prove that they were recently enough stoned and they are fired.. Cant be goofed and running a rig with many peoples lives at risk..come on..Just like you can't be pissed or coked up LOL..look at the concordia disaster!

A

BTW trevour nothing changed yesterday..
Except that the highest court agreed with what many of us have been saying for a long time that is : Since '96 when the constitution was enacted, peoples' basic human rights have been trodden over willy nilly style by State and its arms enforcing illegal legacy apartheid era lower laws that have no bearing in a young, modern and caring democratic nation.

It has been my right since '96, long before I started inbibing. It is now just recognised officially that is all. Since yesterday. Everyone must now start, by law, acting accordingly. Officially. That's all folks. if you follow history the weed, or laws against it, have been used as an effective tool to bully and beat the minorities or masses in submission or in the case in the states to keep the privatized prison system full and profitable. But that time is drawing to a close. History has repeated itself enough times by now. The formerly persecuted all around the world are now forcing things to move on to new pastures through the same courts that were used to persecute them and it makes me smile as I recognize God's sense of humour.

Namaste.

:)


Amen my bra... however the company that I work for now (French) are not into testing... but if they catch you or you make a F UP... they will test you and you will be gone (Referring to naturals only.... Frenchies loves their "skyf")

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 Posted: Wed Sep 19th, 2018 10:02 am
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Dr halibut hoffman
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Ja it is the same like everything else now..Don't make a d00s of yourself and don't go make other peoples lives unpleasant and you deserve to be left in peace like me sitting in my lounge and having a beer. Same like if I am fishing and some guy cracks a beer next me and has a cold sundowner, I am not going phone him in for drinking on the beach. If he is being respectful and I will do the same. That said you can't go and get smashed pissed in public and make a nuisance of yourself and take your clothes off and run around like a bull in a china shop.. You will be locked up for causing k@k and rightly so. That all said, if I am sitting on the rocks quietly on a sunday afternoon by myself bothering no-one, with a spliff in hand, waiting for a bite, let me be..Don't unleash the dragon unnecessarily, treat me with the same respect I have already afforded those around me. Treat me with disrespect, like in all other areas of life, and you will be pushed right back over the line.

Reading the judgement, in fact Deputy Chief Justice Zondo specifically makes light of the above saying that the right to privacy extends to no only in your home but within your private personal space of your mind where you are in peace. He specifically recognizes in word the "right to be left alone in peace" if you are bothering no one wherever you are and have a right to be. Your right to privacy extends to that at least, and more. It is nice to have some of the basic civility that has been missing from our society recognized by our most powerful legal minds, and laid down in stone.

That is great as it also is precedent setting in other activities of mine where I go pick edible mushrooms legally (one of my winter protein sources and thoroughly checked the law out with lawyers who also are partial to creamed bacon or geelbek and porcici pasta) and so I get harrassed on public land by private employees of logging companies and I have put a stop to it though with threats of legal action from my side and playing their bluff of threat of arrest..but now precedent has been set, they do not even as I claimed have a right to bother me all or even speak to me if I wish not to speak to them, nevermind physically harrassing me which they have attempted..Buts cool like, advocates and lawyers like porcini's too so I got backup..heavy artillery like..bang..snoop dawg!

Ja been to france many times and the frenchies do love their cabbage..Their french islands hold special and world famous variaties of cabbage..

Last edited on Thu Sep 20th, 2018 09:52 am by Dr halibut hoffman

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 Posted: Wed Sep 19th, 2018 10:07 am
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Serra Moz
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Dr halibut hoffman wrote:
Ja it is the same like everything else now..Don't make a d00s of yourself and don't go make other peoples lives unpleasant and you deserve to be left in peace like me sitting in my lounge and having a beer. Same like if I am fishing and some guy cracks a beer next me and has a cold sundowner, I am not going phone him in for drinking on the beach. If he is being respectful and I will do the same. That said you can't go and get smashed pissed in public and make a nuisance of yourself and take your clothes off and run around like a bull in a china shop.. You will be locked up for causing k@k and rightly so. That all said, if I am sitting on the rocks quietly on a sunday afternoon by myself bothering no-one, with a spliff in hand, waiting for a bite, let me be..Don't unleash the dragon unnecessarily, treat me with the same respect I have already afforded those around me. Treat me with disrespect, like in all other areas of life, and you will be pushed right back over the line.

Ja been to france many times and the frenchies do love their cabbage..Their french islands hold special and world famous variaties of cabbage..



Agreed 1000%, see I think that is why they are "soft" on cabbage here, as back home it's not a major issue, as long as the work continues in a 'safe + sound' type thing.

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 Posted: Wed Sep 19th, 2018 10:30 am
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Dr halibut hoffman
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Once the frenchies accept you also, been to france many times, you will see a respectful and peaceful society that would be a whole new world to us..But our forefathers that made our constitution foresaw that world and wanted to take us there..

I mean not that I've done it for years, but if i take a stroll down field and pick a shroom and eat it and go home and trip and bother no-one and get arrested..It would too end up in court until the highest court where it would get chucked out and too would get recognized as my right and I would force others to let me be..but ja I would not need to as those cases are before the courts as we speak..great times to be in SA, took me by surprise..I thought it would still take a few months more..

You see it goes like this..today you are telling me what to think and to do..tomorrow you are telling me what to believe and who to follow..the next day you are telling me where to stand and where I can stay..the next morning, s#it we all woke up in a fascist state, what happened?!..It has happened time and again..It all starts with an erosion of personal rights. We were the first country in the world to enact dagga laws and they were for entirely that reason to clear the town squares of the "dagga smoking blacks". The fact that some were smoking dagga was a convenient excuse to round them up. This worked so well in fact that the governors in the racist American south used it as an example and enacted the second dagga laws in the world. This is a well documented part of history..You can look it up if you want. In fact it is included in court documents in cases before the courts here too.

Dagga cannot be used to bully people anymore..convenient for the rokers, and less so for the bullies. That is the point of a justice system and whereas for years the enforcement of illegal laws just created contempt for laws and law enforcement in general, and wasted resources, for now the rule and respect of law has been returned. And a start has been made with regards to the masses trusting that the law is on their side. The law enforcement will have to do much work in this regard to once again restore our trust in them after acting illegally for the last 22 years and completely breaking down all forms of trust with large swathes of the population locking them up, destroying lives and breaking up families all in the name of a plant. I mean young men got thrown in jail for a joint and got raped in cells, all because the state and its arms were claiming a right to "protect them from harm" and from a drug less harmful than legally sanctioned and taxed drugs..that situation of madness that was prevailing before yesterdays recognition of which law actually takes precedence and what is legal, was pretty fucked up in a civil society one has to admit.

Great day to be a Saffa..I don't think the clouds have yet lifted, except in the maritime and other industries where safety is paramount and the day off is over..;)

Sanity has prevailed, which it has not done for a long time in country..I thank the LORD!

Last edited on Wed Sep 19th, 2018 10:38 am by Dr halibut hoffman

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 Posted: Wed Sep 19th, 2018 11:27 am
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MichaelK
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Dr halibut hoffman wrote:
In workplace if you are on drugs in industries where safety is paramount, you'll get fired whether drug is legal or not..you can't as said rock up pissed.

Nothing has changed..In all law it must be proven..in contract, criminal, common etc..For proof you require a blood test. A piss test is and will only ever be an indication. Legal precedent has long been set in that regard. But ja you prove that they were recently enough stoned and they are fired.. Cant be goofed and running a rig with many peoples lives at risk..come on..Just like you can't be pissed or coked up LOL..look at the concordia disaster!

BTW trevour nothing changed yesterday..
Except that the highest court agreed with what many of us have been saying for a long time that is : Since '96 when the constitution was enacted, peoples' basic human rights have been trodden over willy nilly style by State and its arms enforcing illegal legacy apartheid era lower laws that have no bearing in a young, modern and caring democratic nation.

It has been my right since '96, long before I started inbibing. It is now just recognised officially that is all and the highest court of the land has said "Enough!". Since yesterday. Everyone must now start, by law, acting accordingly. Officially. That's all folks. if you follow history the weed, or laws against it, have been used as an effective tool to bully and beat the minorities or masses in submission or in the case in the states to keep the privatized prison system full and profitable. But that time is drawing to a close. History has repeated itself enough times by now. The formerly persecuted all around the world are now forcing things to move on to new pastures through the same courts that were used to persecute them and it makes me smile as I recognize God's sense of humour.

Namaste.

:)


I agree 100% with your comments here.

Growing up my father ran a construction company and the daily ritual before work and at lunch time by his workers was to partake in large amounts of the herb. Those guys worked like demons and almost every construction project undertaken was finished way ahead of time.

Now should my wife or child require surgery and i know that the surgeon is a pothead. Mate i'm going to be looking for another surgeon.

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 Posted: Thu Sep 20th, 2018 02:23 am
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Serra Moz
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BUSINESS INSIDER | YOUR CAREER
Smoking dagga is being decriminalised, but you can still be fired for it – maybe????

# 1 - The Constitutional Court has ordered the decriminalisation of dagga for personal use – but that doesn't mean you can't be fired for using cannabis.

# 2 - Policies on inebriation are still in force, and in some jobs a legal requirement, even though they'll need to be adjusted.

# 3 - Things will be particularly complicated over the next two years, while changes are made to legislation.


========================================================

Smoking dagga can still get you fired, under the right circumstances. And staying away from cannabis – at least just before you go to work – could still be a legitimate requirement for some jobs.

But things got a whole lot more complicated after the Constitutional Court on Tuesday said the use of dagga is not a criminal act.

And during the two-year period the ConCourt gave Parliament to bring legislation in line with the Constitution, things are going to be particularly difficult when it comes to people getting high on the job, experts say.

"This is a curveball," Richard Malkin, managing director of company wellness provider Workforce Healthcare, told Business Insider South Africa after the Concourt judgment, even if, ultimately, "nothing is really going to change from a workplace perspective."

Occupational health and safety rules demand that companies keep the workplace safe, and that includes making sure nobody operates dangerous machines while inebriated – whatever the substance of choice.

For jobs involving heavy machinery, Malkin says, policy should require employees to disclose, up front, if they are using tranquillisers, for instance, even if under the direction of a doctor.

"The requirement is that you can't be under the influence of any mind-altering substance; whether it is legal or illegal doesn't really come into play."

Jobs in finance, or customer-facing jobs such as call centre agents advising customers, should also come with policies on inebriation.

But testing for dagga use is not as straight-forward as a breathalyser test for alcohol. The common, cheap, and fast urine test for cannabis actually detects a metabolic product that can linger for days – well after the user is no longer mentally affected.

So what happens if that test shows dagga use, and you tell the boss you smoked dagga days before? Right now, at least, Malkin believes the only thing a company could do is ask for a spectrophotometric test, which takes around two days and costs around R2,000.

In the meantime, the employee will have to be temporarily suspended from sensitive duties, as a precaution.

The result of such a test could be grounds for dismissal, speculate labour specialists who were still studying the ConCourt ruling, on the basis of dishonesty. Using dagga may not be a firing offence, but lying about it could be.

First, though, there could be a considerable fight about the whole process.

"Someone may have okayed drug testing by a company in a contract, but now that company can no longer look at THC [the active ingredient in cannabis]," says Quintin van Kerken, of The Clear Option, an organisation that works in the cannabis and addiction-treatment industry.

"It is pointless, because THC now falls under your right to privacy, so they can't do anything with a THC test."

Van Kerken believes there will be test cases about cannabis intoxication and medicinal use of cannabis in the workplace – perhaps soon – but until then there will be considerable confusion about the matter.

In the meanwhile, employees and employers both had better look at the exact wording of policies around drugs and inebriation at work, because a blanket reference to "alcohol, illegal drugs, and prescription medication", such as those now commonly found, don't strictly apply do dagga anymore.

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