►
From YouTube: Committee on Labor and Civil Service 4-5-2021
Description
The Committee on Labor and Civil Service of the Council of the City of Philadelphia held a Public Hearing on Monday, April 5, 2021, at 1:00 PM, in a remote manner using Microsoft® Teams to hear testimony on the following item:
200625 An Ordinance amending Title 9 of The Philadelphia Code, entitled “Regulation of Businesses, Trades and Professions,” by adding a new Chapter 9 4700, to prohibit employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment, under certain terms and conditions.
A
B
B
Okay,
that's
better.
I
understand
that
state
law
currently
requires
that
the
following
announcement
be
made
at
the
beginning
of
every
remote
public
hearing
as
follows.
Due
to
the
current
public
health
emergency
city,
council
committees
are
currently
meeting
remotely.
We
are
using
microsoft
teams
to
make
these
remote
hearings
possible
instructions
for
how
the
public
may
view
and
offer
public
testimony
at
public
hearings
of
council
committees
are
included
in
the
public
hearing,
notices
that
are
published
in
the
daily
news,
inquirer
and
legal
intelligencer
prior
to
the
hearings
and.
B
So
dot
com.
I
now
know
that
the
hour
has
come
rachel.
Will
you
please
call
the
role
to
take
attendance
members
that
are
in
attendance?
Will
please
indicate
that
you
are
present
when
your
name
is
called
also.
Please
say
a
few
brief
words
when
responding
so
that
your
image
will
be
displayed
on
the
screen.
When
you
speak.
B
B
By
continuing
to
be
in
the
meeting,
you
are
consenting
to
being
recorded
additionally
prior
to
recognizing
members
for
questions
or
comments
they
have
for
witnesses.
I
will
note
for
the
record
at
this
time
that
we
will
use
the
chat
feature
available
in
microsoft
teams
to
allow
members
to
signify
that
they
wish
to
be
recognized
in
order
to
comply
with
the
sunshine
act.
The
chat
feature
must
only
be
used
for
that
purpose.
Before
I
asked
rachel
to
call
the
first
panel
for
bill
number
two:
zero
zero.
Six,
two
five.
D
Thank
you,
madam
chair.
I'll,
be
brief.
I
want
to
thank
my
colleagues
for
being
here
on
this
afternoon
for
this
hearing,
as
many
people
know
not
only
members
of
council,
but
the
viewing
public
we've
had
medical
cannabis
in
the
commonwealth
of
pennsylvania
for
some
time
recently,
the
states
of
new
york,
new
jersey,
virginia
and
other
states
have
actually
moved
forward
with
recreational
cannabis.
D
D
We've
been
able
to
address
that,
and
most
of
the
employers
who've
reached
out
to
me
regarding
this
legislation
already
are
in
line
with
this
legislation,
and
so
I
think
this
is
a
common
sense
legislation
to
make
sure
that
we
are
matching
the
perspectives
of
the
commonwealth
of
pennsylvania,
as
well
as
other
peer
states
to
make
sure
that
those
who
have
a
ailment
with
a
receiving
recommendation
from
their
physician
to
receive
mental
cannabis
will
not
be
discriminated
against
if
they
are
also
trying
to
seek
employment.
Thank
you,
madam
chair.
B
G
Sure
my
name
is
randy
duque
and
I
am
the
acting
executive
director
for
the
philadelphia
commission
on
human
relations
good
afternoon,
chair
parker
and
members
of
the
labor
and
civil
service
committee.
As
I
said,
my
name
is
randy
duque
and
I
am
the
acting
executive
director
of
the
philadelphia
commission
on
human
relations
or
pchr.
G
The
administration
supports
the
intent
of
this
bill
and
is
it
is
proposed,
and
it's
proposed
to
be
amended
and
the
pchr
is
prepared
to
enforce
it.
This
step
in
removing
barriers
to
employment
is
important,
particularly
for
those
who
depend
on
the
medical
benefits
of
cannabis,
as
the
use
of
marijuana
continues
to
become
decriminalized
and
destigmatized
across
the
nation,
it
is
necessary
to
adapt
to
the
times
to
ensure
job,
hiring
prerequisites
like
testing
for
thc
or
metabolites
do
not
unnecessarily
prevent
job
seekers
from
obtaining
gainful
employment
in
the
city.
G
The
legislation
also
recognizes
that
such
a
rule
cannot
be
one
size
fits
all.
It
exempts
jobs
that
involve
the
safety
and
care
of
others,
as
well
as
current
federal
and
state
rules
and
certain
agreements.
The
bill
respects
existing
federal
and
state
regulations,
contracts
and
collective
bargaining
agreements
that
require
drug
testing
for
prospective
employees.
G
While
it
identifies
categories
such
as
law
enforcement,
commercial
driving
and
health
care,
the
legislation
also
allows
for
further
refinement
by
the
enforcement
agency.
The
pchr
will
carefully
consider
other
occupations
that
are
necessary
and
relevant
to
exemption
as
regulations
are
developed
and
promulgated
moving
forward.
We
encourage
stakeholders
to
work
closely
to
ensure
that
workers
and
employers
alike
receive
clear
messaging
about
the
parameters
of
this
bill.
The
business
community
would
greatly
benefit
from
comprehensive
guidance
regarding
which
occupations
are
exempt.
G
B
D
Yes,
mr
ducay,
thank
you
for
being
here
and
your
testimony.
I
know
my
conversations
with
members
of
the
business
community
and
the
chamber
of
commerce.
They
stated
some
of
the
issues
that
you
rate
you
you
raised
in
your
testimony,
considering
that
many
companies
that
are
in
the
city
of
philadelphia
are
across
multiple
jurisdictions
and
needed
some.
You
know
time
in
order
to
implement
the
regulations,
and
that
was
the
the
basis
of
the
amendment,
but
also
understand
from
the
commission.
D
Human
relations
perspective
also
needed
some
time
to
adopt
regulations
in
order
to
make
this
legislation
as
effective
as
possible,
and
so
based
on
that
perspective.
That's
why
we
went
with
the
amendment
date
january
1
of
2022..
I
just
want
to
get
a
sense
from
you
from
a
drafting
perspective
regarding
regulations.
G
Well,
we'd
hope
to
have
at
least
a
preliminary
draft.
You
know
within
a
month
or
so
or
to
three
months,
oh
actually
within
90
days.
Put
it
that
way.
The
reason
why,
like
it's
hard
to
really
tell
us,
because,
right
now,
our
agency
is
the
transition
phase,
I'm
currently
the
acting
executive
director
and
ideally
by
the
end
of
the
month
or
so
there
might
be
an
appointment
for
a
permanent
director.
So
we
we
have
to
be
able
to
be
flexible,
may
or
may
not.
Be
me.
G
I
hope
it's
me,
but
anyway,
within
that
time
you
know
like
be
working
towards
getting.
You
know
preliminary
dresses
and
then
you
know
working
collaboratively
with
commerce
with
the
law
department.
Obviously
with
my
colleagues
to
really
look
at
carefully
start
look
looking
at
like
what
exemptions,
what
other
exemptions
need
to
be
in
place
so
that
we
can
properly
inform
various
business
communities
and
residents.
D
B
Thank
you.
Thank
you,
councilmember
green,
just
two,
quick
ones
for
me,
mr
duque,
just
for
the
benefit
of
the
public
one.
First,
let
me
start
by
saying
a
special
thank
you
to
councilmember
greene.
You
have
been
hard
at
work
on
this
issue
for
a
very
long
time.
We
want
to
thank
you
for
taking
the
lead
on
this
issue,
and
we
want
to
let
you
know,
councilmember
greene,
that
we
really
do
appreciate
your
work.
B
Mr
duques
tell
me
if
you
will,
for
the
benefit
of
the
listening
public,
talk
to
him
about
how
you
believe
enforcement
will
work,
and-
and
will
it
be
complaint
based
right
in
essence,
will
like
what
should
would
a
member
of
the
public
have
to
obviously
a
campaign
to
know
that
this
is
law
in
philadelphia
and
like
will
there
be
a
hotline,
tell
people
who
are
watching
at
home?
How
you
think
this
will
work.
G
I
envision
it
working
much
like
our
band
fair
chance,
hiring
law
here
in
in
the
city,
whereas
it's
complaint
based,
we
did
a
campaign
when
we
initially
when
the
city
initially,
you
know
and
started
enforcing
it
just
to
let
people
aware
so.
In
the
beginning,
we
just
got
phone
calls
to
our
regular
intake
line
of
you
know
people
who
had
concerns,
so
I
see
it
happening
very
much
the
same
way
they
can.
G
They
can
give
us
a
call
or
they
can
file
through
online,
but
basically,
if
they
feel
that
they've
been
you
know,
they've
they've
been
asked
to
do
a
pre
employment,
drug
screen,
marijuana
screen
for
a
job
that
is
protected
under
this
bill.
Then
you
know
they
can
file
with
us
and
where
we
can
investigate.
G
B
You
thank
you
so
very
much
for
your
response.
Are
there
any
other
questions
from
members
of
the
committee,
and
maybe,
if
I
opened
up
the
chat
box,
I
would
see
something:
okay,
I'm
sorry
and
it
looks
like
a
council
member
brian
o'neill,
who
was
also
a
member
of
the
labor
and
civil
service
committee.
Some
odd
reason
he
was
here.
I
don't
know
if
he
had
to
leave,
but
I
just
want
to
note
for
the
record
that
council
remember.
O'neill
was
also
here.
B
B
Thank
you,
and
now
let
me
close
the
chat
because
then
maybe
I
can
see
I'm
telling
you
all
just
moving
back
and
forth
with
this.
This
technology
is
it's
all
interesting.
I
see
all
of
you
are
here
and
present
paul
how
about
we
start
with
you
and
then
you
just
state
your
name
for
the
record
and
proceed
with
your
testimony.
B
E
E
My
work
on
this
issue
has
been
highlighted
in
the
peer-reviewed
scientific
literature
in
various
academic
anthologies,
and
I've
provided
numerous
presentations
on
this
topic
before
academic
and
legal
symposiums,
as
well
as
before
lawmakers
and
council
members.
I'm
a
court
certified
expert
on
issues
pertaining
to
cannabis
and
drug
detection
and
I've
attended
many
accredited
educational
forums
on
the
topic,
including
those
sponsored
by
the
american
academy
of
forensic
sciences,
the
society
of
forensic
toxicologists
dasia,
the
drug
and
alcohol
testing
association
and
the
national
institute
on
drug
abuse.
E
I
currently
serve
as
the
deputy
director
for
normal,
the
national
organization
for
the
reform
of
marijuana
laws,
a
public
interest
advocacy
organization
based
in
washington
dc.
I
have
submitted
in
addition
to
my
written
remarks.
I
powerpoint
presentation
of
slides
as
supplemental
supplemental
materials
for
members
of
the
council,
and
I
really
have
three
takeaways.
I
want
to
provide
you
for
my
testimony
today.
E
E
Two
current
conventional
drug
tests
are
detection
tests,
not
tests
that
determine
impairment
and
three
many
states
and
many
more
cities
and
municipalities
are
moving
away
from
pre-employment
drug
screening
in
the
very
way
that
bill
200625
proposes.
So
this
is
not
a
novel
concept
for
philadelphia.
This
is
a
trend
that
other
states
and
other
cities
are
engaging
in.
E
This
is
simply
a
statement
of
fact.
If
we
look
at,
for
instance,
the
national
academy
of
sciences,
which
concluded
an
exhaustive
review
of
this
topic
in
2017,
they
looked
at
10
000
scientific
studies
they
concluded
quote
there
is
no
or
insufficient
evidence
to
support
a
statistical
association
between
cannabis
use
and
occupational
accidents
or
injuries.
End
quote
a
more
recent
scientific
review
of
the
relevant
literature
published
in
2020
in
the
journal,
substance
use
and
misuse.
Similarly
concluded
quote.
E
The
current
body
of
evidence
does
not
provide
sufficient
evidence
to
support
the
position
that
cannabis
users
are
at
an
increased
risk
of
occupational
injury.
End
quote
most
recently:
a
november
2020
study
of
136
000
employees
in
various
occupations
identified
quote
no
association
between
past
year,
cannabis
use
and
work
related
injury
for
employees
in
any
occupation,
including
those
who
work
in
high-risk
injury
occupations.
E
Authors
of
the
study
concluded
quote
to
the
best
of
our
knowledge.
This
was
the
largest
population-based
cross-sectional
study,
examining
the
association
between
past
year,
cannabis
use
and
work-related
injuries.
We
found
that
workers
reporting
cannabis
use
more
than
once
in
the
past
year,
were
no
more
likely
to
report.
Having
experienced
a
work-related
injury
over
the
same
period
of
time
in
a
large
cohort
of
the
working
population.
E
End
quote,
furthermore,
point
number
two:
these
tests,
as
they're
conventionally
configured,
do
not
possess
the
ability
to
determine
whether
or
not
someone
who
tests
positive
for
cannabis
is
actually
under
the
influence
of
cannabis
or
whether
or
not
they've.
Even
used
or
consumed
cannabis
within
the
last
few
weeks,
or
even
within
the
last
few
months,
rather
these
drug
screens
simply
detect
the
presence
of
inert
byproducts
that
are
non-psychoactive
and
that
may
linger
in
bodily
fluids
for
extensive
periods
of
time.
E
As
a
result,
scientific
papers
have
documented
the
presence
or
the
detection
of
this
metabolite
for
over
a
hundred
days
following
cannabis.
Exposure
long
after
any
potential
impairment
or
due
to
cannabis
has
certainly
long
worn
off.
In
fact,
even
the
federal
government
acknowledges
in
their
own
reports
quote
a
positive
test
result.
Even
when
confirmed
only
indicates
that
a
particular
substance
is
present
in
the
test
subject's
bodily
tissues,
it
does
not
indicate
abuse
or
addiction,
recency
frequency
or
amount
of
use
or
impairment.
E
These
tests
can
be
administered
in
real
time
in
a
matter
of
only
a
few
minutes
using
handheld
or
laptop
technology
devices.
These
technologies
are
far
superior
to
conventional
pre-employment,
drug
screen
or
conventional
urinalysis
drug
testing.
And
again,
if
you
go
into
my
powerpoint,
slides,
I've
included
more
information
about
these
technologies,
including
a
video
introduction
with
respect
to
the
use
of
the
alert
meter
technology
in
short,
suspicionless
marijuana,
drug
testing
in
the
workplace,
such
as
pre-employment
drug
screening
is
not
now,
nor
has
it
ever
been
an
evidence-based
policy.
E
Rather,
these
discriminate
discriminatory
practices
are
a
hold
over
from
the
zeitgeist
of
the
1980s
war
on
drugs,
but
times
have
changed.
Attitudes
have
changed
and
in
many
places
the
cannabis
laws
have
changed
as
well.
It
is
time
for
workplace
policies
to
adapt
to
this
new
reality
and
decease
punishing
employees
for
activities
they
engage
in
during
their
off
hours
and
that
pose
no
workplace
safety
risk.
E
Fortunately,
as
I
mentioned
at
the
beginning
of
my
testimony,
some
states
and
many
municipalities
have
already
moved
in
this
direction.
Lawmakers
in
nevada
by
statute
have
eliminated
pre-employment
drug
screening
in
the
workplace
for
non-safety,
sensitive
physicians,
so
has
la
fell,
had
lawmakers
in
new
jersey
so
have
lawmakers
most
recently
in
new
york.
Similar
policies
have
also
been
enacted:
citywide
in
atlanta,
georgia,
in
the
district
of
columbia
in
richmond
virginia
in
new
york
city
in
rochester,
new
york
and
a
number
of
other
cities
and
counties,
and
most
certainly,
I
hope,
philadelphia
adjoins
them.
E
B
Armantano,
let
me
just
state
for
the
record.
Thank
you
so
very
much
for
that
very
informative
testimony.
We're
going
to
hear
testimony
from
everyone
on
the
panel
and
then
our
colleagues
will
ask
additional
questions.
I'm
gonna
now
ask
mr
robert
robert.
I
hope
I
don't
screw
this
up
now.
You
have
to
tell
me
robert
rudinicky
rudinicky.
F
F
F
Discrimination
rears
its
head
in
many
forms
as
a
result
of
the
opioid
crisis,
doctors
are
now
facing
scrutiny
to
no
fault
of
their
own
senior.
Citizens
are
now
being
mercilessly
taken
off
their
opioids
and
being
told
that
medical
marijuana
will
do
the
same
thing.
However,
there's
a
serious
problem
with
this
scenario,
most
senior
citizens
are
on
a
fixed
income.
F
F
Cannabis
is
not
no
voucher
system
exists
yet,
for
anyone
with
lesser
means,
cannabis,
physicians
usually
start
around
200
and
are
not
paid
for
by
insurance,
and
the
cost
for
the
card
is
fifty
dollars
annually.
Initial
costs
out
of
pocket
are
six
to
eight
hundred
dollars
and
monthly
average
costs
out
of
pocket
are
four
to
eight
hundred
dollars.
F
When
confronted
with
these
grim
options,
many
senior
citizens
and
those
with
lesser
means
choose
to
opt
out
of
the
medical
marijuana
program
and
then
suffer
needlessly
when
it
comes
to
medical
protocol,
I
say:
use
the
right
tool
for
the
job
and,
ladies
and
gentlemen,
I
think
most
of
us
will
agree
that
by
the
time
you
reach
your
golden
years
and
your
knees
are
bone
on
bone
and
there
are
no
discs
left
in
your
spine.
The
only
thing
in
your
mind
will
be
making
it
through
the
day
with
the
least
amount
of
pain.
F
F
Five
hundred
thousand
pennsylvanians
have
beared
their
souls,
exposing
their
deepest
medical
issues
through
a
series
of
conditions
all
needlessly
at
costly
risk
of
losing
their
jobs,
loans,
careers,
small
businesses
and
driver's
license,
as
legalization
is
now
being
drafted
for
full
legalization
of
adult
use
of
marijuana,
with
very
little
thought
regarding
the
severity
of
the
up
and
coming
problems
and
for
those
who
have
falsely
suffered
dui
convictions,
illegal
drug
testing,
criminal
records
and
prison
sentencing
adding
fuel
to
the
fire
act.
16
fails
to
have
enforcement
and
backing
mechanisms
for
those
agreed
patient
employees.
F
Contrast
between
two
policies,
police,
still,
fire
personnel
for
a
blood
test,
while
firefighters
and
ams
have
negotiated
medical
marijuana
into
their
collective
bargaining
agreement
with
the
city
soon
we'll
have
the
msos
of
the
msos,
the
walmarts
of
cannabis
screening
for
their
employees
too.
In
the
case
of
nathan
miller,
a
seasonal
picker
at
amazon
nathan
was
very
clear
with
his
supervisors
about
his
marijuana
usage.
F
But
what
about
brown
fedex
ups
and
nearly
all
the
the
trucking
carriers
are
more
all
restricted
because
of
these
useless,
outdated
federal
policies
that
are
costing
all
of
us
endless
amounts
of
jobs,
loans
and
small
business
opportunities
making
matters
worse.
Patients
are
required
to
pay
out
of
pocket
attorney
fees
and
all
expenses
in
regards
to
filing
civil
litigation.
All
in
hopes
to
enforce
employment
protection
and
maybe
recover
damages
act.
16
clearly
outlines
blood
tests
meeting
a
positive
threshold
for
impairment,
especially
for
those
in
the
most
safety
sensitive
positions.
F
In
short,
last
week's
jobs
report
showed
that
we
had
the
most
employment
gain
in
100
days
of
any
presidency.
However,
nine
million
people
are
still
employed
from
this
time
last
year
and
many
are
legally
using
cannabis.
Even
the
puc
is
facing
uncertainties,
whether
it
can
keep
its
drug
policies
over
five
hundred
thousand
patients
have
qualified
for
the
right
to
use
medical
marijuana
card
as
long
as
it's
not
on
the
job.
So
where
is
the
harm?
F
Qualified
medical
medical
patients
are
lawfully
allowed
to
consume
cannabis
and
are
being
discriminated
by
employers
on
a
continual
basis
without
compensation,
clearly
an
act
of
violation.
I
applaud
our
fine
city
council
and
all
the
folks
who
took
their
time
today
in
the
pursuit
and
ending
the
madness
as
two
commodities.
Marijuana
and
hemp
arise
simultaneously.
B
Thank
you
so
very
much
for
your
testimony
and
for
the
listening
audience.
I
want
you
to
know.
I
know
you
felt
his
passion
just
like
I
did,
and
that's
probably
because
he's
a
constituent
of
the
ninth
councilmanic
district
and
he
lives
in
the
night.
So
robert.
Thank
you
so
much
for
your
testimony.
Please
guys.
I'm
gonna
ask
each
of
you
to
hang
on
as
soon
as
we
get
through
all
of
the
testimony.
We
want
you
to
answer
some
questions
for
us.
B
B
A
Good
afternoon
my
name
is
stephen
shane.
I
am
an
attorney
with
the
hogan
law
group.
We're
54
attorneys
17
officers
across
the
globe.
All
we
do
is
legalize
marijuana,
industrial
hemp.
I
have
been
a
member
god-
help
me
of
the
pennsylvania
bar
for
31
years
and
maintain
an
office
in
philadelphia
since
1989..
A
A
So
basically
as
it
stands
now,
if
this
ordinance
isn't
going
to
be
passed,
plus
or
minus
125,
000
philadelphians
are
going
to
lose
potential
jobs.
Why
do
I
say
this
at
this
point
plus
or
minus
10
of
the
american
population
about
31
million
people
are
daily
cannabis
or
monthly
cannabis
users
when
you
bring
that
down.
That's
about
125
000
philadelphians,
as
we
heard
earlier
in
great
detail.
A
Marijuana
has
enormous
hang
time
in
the
system,
meaning
you
could
have
a
robust
saturday
in
march
and
still
come
up
pretty
positive
on
thc,
which
is
the
key
metric
here
in
testing.
That's
really
no
reason
to
cost
people
their
jobs.
The
testing
is
pretty
imprecise
as
we'll
talk
about
in
a
second
or
two
and
imposes
a
huge
cost
on
employers.
A
Now,
for
the
bulk
of
my
career,
I've
been
a
banking
lawyer.
I
shifted
over
to
being
cannabis
about
seven
years
ago,
so
for
me,
everything's
got
to
make
dollars
and
cents
at
this
point.
Having
employers
test
imposes
enormous
course
on
private
employment
and
also
squanders
the
terrific
source
of
productivity
for
philadelphia
and
tax
revenue
plus
creating
additional
systemic
costs.
What
are
they?
Unemployment
compensation,
lack
of
health
insurance
and
other
social
services?
A
It
certainly
isn't
the
focus
of
today's
presentation,
but
we'd
be
remiss
if
we
didn't
talk
deeply
about
incarceration
one
in
three
african-american
man
at
some
point
in
his
life
will
be
incarcerated,
probably
for
de
minimis
drug
offense,
the
average
cost
of
keeping
a
pennsylvanian
incarcerated
is
79
dollars
per
year,
and
I
think
it
goes
without
any
contradiction
that
a
loss
of
income
leads
to
an
increase
in
criminal
activity.
It
just
doesn't
make
fiscal
sense
not
to
pass
this.
A
Let's
employ
philadelphia,
let's
employ
philadelphians
and
let's
have
social
services
go
where
they
best
need
it,
not
helping
otherwise
able
productive
philadelphians
work
with
that.
With
that
ringing
endorsement
from
the
private
sector
of
the
good
work
of
this
ordinance,
I
have
an
issue
that
was
talked
earlier
about
the
gentleman
from
the
national
chair
of
normal
there's,
enormous
confusion
about
marijuana
and
cannabis.
A
Sometimes
our
passion
in
this
sector
gets
the
better
of
us.
So,
let's
break
it
down
really
elementally.
There's
three
plants,
the
indica,
the
sativa,
the
root
or
alice.
That's
the
entire
universe
of
what
we
deal
with
those
plants
throw
off
plus
or
minus
120
constituent
elements
that
are
called
cannabinoids.
A
One
of
these
cannabinoids
one
thc
has
some
sort
of
psychotropic
effect.
The
other
119
do
not.
As
this
statute
is
written,
it
would
be
testing
for
the
presence
of
marijuana
which
it
defines
as
the
all
forms
or
varieties
of
the
genus
cannabis
seeds,
resin,
extracted
compound
manufacture,
salt
derivative
mixture
or
preparation
in
seeds
and
resins.
A
That
means
basically
you'd
be
testing
people
for
seeds
and
resins
in
their
blood,
but
119
of
these
cannabinoids
have
no
impairment
whatsoever.
So,
for
reasons
we
can
talk
about
at
length
in
the
questions
there
are
all
kind
of
oil
based
hemp
source
materials
that
are
sold
over
the
counter.
One
very
popular
one
is
called
cbd
at
this
point,
as
this
ordinance
is
written,
people
lawfully
buying
cbd
on
chestnut
street
couldn't
get
a
job
on
walnut
street,
because
this
thing
is
overreaching.
A
A
There's
a
good
deal
of
support,
saying
that
certain
straight
of
marijuana
make
you
hyper
alert
and
a
better
driver.
Some
would
argue
that
it
impairs
your
motor
skills,
but
there
is
a
range
of
how
thc
in
your
system
would
affect
before
that
is
settled.
I
think,
in
the
short
term,
to
help
philadelphians
work
to
help
tax
revenue
generated
to
provide
unnecessary
drain
on
social
services.
A
A
32
states
and
your
federal
government
adopted
duid
laws
requiring
actual
impairment.
That
means
you'd
have
to
do
a
motor
skills
test.
The
and
colorado
where
my
law
firm
is
based
where
a
colorado-based
law
firm
of
the
way
of
offices
across
the
globe
has
enacted
a
law
imposing
a
rebuttable
inference
of
criminally
insufficient
impairment
if
a
driver's
blood
thc
exceeds
five
milligrams.
A
So
at
this
point
we
should
look
at
the
functioning
of
people
having
a
job.
I
am
an
attorney
I
I'm
about
as
dangerous
as
one
can
be
behind
a
keyboard
or
perhaps
standing
up
in
the
court
of
common.
Please
other
people
may
be
operating
heavy
machinery.
Quite
a
difference
between
the
two
and
to
have
one
size
fits
all.
Just
isn't
right.
A
I
think
a
bit
more
care
into
an
otherwise
very
wonderful
piece
of
legislation
needs
to
to
be
fine-tuned
to
perhaps
separate
the
wheat
from
the
chaff,
and
I
thank
everybody
for
contributing
I'll
be
sticking
around.
If
anybody
has
any
questions-
and
I
want
to
give
a
particular
thank
to
council
person,
green
who's
always
been
at
the
forefront
of
all
these
things.
Thank
you,
council
person,
green.
B
B
H
H
I'm
president
of
philadelphia,
I'm
a
graduate
of
the
of
2018
sci
university
with
a
day
degree
in
psychology
and
I've
been
diagnosed
with
adhd
test
syndrome
and
and
pdd
nos
which
is
a
condition
on
the
autism
spectrum.
That's
characterized
by
impairment
in
the
development
of
social
interactions
and
verbal
and
nonverbal
communications.
H
H
There's
no
or
prescription
therapy
treatment,
and
I
cannot
pass
an
unemployment
drug
test
for
marijuana.
The
short
version
of
that
medical
marijuana
helps
me
deal
with
the
issues
surrounding
my
autism
spectrum
condition
and,
as
an
added
benefit,
medical
marijuana
has
greatly
has
greatly
helped
in
the
reduction
of
my
motor,
my
motor.
H
My
motor
verbal
ticks
and
my
sleeping
eating
issues
that
I
believe
were
initially
called
by
my
decade-long
use
of
add
and
trust
medications
development
from
marijuana.
I
believe
my
health
would
be
much
worse
and
my
inability
to
socially
interact
with
people
and
my
limited
verbal
and
nonverbal
communication
skills
will
make
it
nearly
impossible
to
secure
and
hold
a
full-time
job.
H
H
They
had
no
plan
in
place
to
deal
with
potential
good
employment
candidates
who
are
authorized
medical
marijuana
users,
even
in
cities
where
medical
marijuana,
even
recreational
marijuana,
are
marijuana
legal.
These
companies
will
still
require
drug
testing,
which
includes
everything
from
marijuana
medications
to
chronic
pain
or
more.
These
companies
will
accept
you.
You
can
provide
prescriptions,
but
your
automatic
objective
has
positive
for
hard
drugs
or
marijuana.
Even
if
it
is
medical
marijuana,
you
are
unauthorized
users.
H
B
D
H
I'm
happy
to
share
when
I
first
got
my
card
and
I
decided
to
reply.
I
was
completely
upfront
about
it.
I
was
happy
I
was
excited.
I
thought
I
was
doing
the
correct
thing,
but
as
soon
as
I
brought
it
up,
they
didn't
know
how
to
handle
it.
It
was
the
grandfathers
at
the
card,
but
they
don't
know
what
didn't
have
anything
on,
or
they
have
anything
in
their
in
their
system
for
how
to
handle
this.
So
a
lot
of
times
would
just
be
well.
H
You
can't
go
any
further
with
this
like
very
brush
to
the
side
after
multiple
times
of
not
after
I
noticed
that
it
was
when
the
drug
testing
came
up
when
I
ordered
when
I
offered
it
I
started
to,
I
wouldn't
bring
it
up
unless
direct.
Unless
the
topic
of
a
drug
test
came
up
and
even
then
I
was
only
having
to
take
tests
even
after
finding
the
card
and
as
soon
as
a
show
that
I
had
that
I
tested
positive
for
the
drug
test.
D
When
mr
shane
was
talking
about
impairment
tests
that
brought
me
back
to
you
know
when
I
was
in
attorney
general's
office
in
delaware-
and
you
know,
some
people
are
not
taking
any
type
owner
did
not
blow
into
any
type
of
machine
in
reference
to
their
sobriety
and
had
to
do
a
field
sobriety
test,
and
so
that
is
based
on
whether
that
person
is
impaired
or
not.
And
that's
really
the
movement.
D
We
should
be
going
in
whether
someone
was
impaired
as
opposed
to
something
being
detected
in
their
system,
because
I
think
the
general
public
do
not
have
understanding
that
even
thc
can
be
in
your
system
for
a
very,
very
long
time,
regardless
if
it
has
any
impairment
impact
on
you
or
not
as
compared
to
alcohol,
which
has
a
different
perspective
in
reference
to
how
alcohol
metabolizes
in
your
system.
So
I'm
just
curious
from
any
of
the
witnesses
here.
E
This
is
paula.
Montano
I'd
be
happy
to
weigh
in
on
that.
As
I
mentioned
in
my
testimony,
this
distinction
is
crucial,
particularly
in
legal
jurisdictions,
where
cannabis,
whether
it's
for
medical
purposes
or
adult
use
purposes,
is
in
fact
legal.
There
is
therefore
a
need
to
move
away
from
detection
of
cannabis
or
past
use
of
cannabis
to
impairment
or
someone
being
under
the
influence
of
cannabis.
The
conventional
test
that
we're
talking
about
when
we're
talking
about
urinalysis
blood
tests
or
even
saliva
tests
all
fall
into
the
category
of
detection
tests.
E
E
Neither
the
presence
of
these
compounds,
regardless
of
the
quantity
that
is
detected,
is
indicative
of
either
someone
being
under
the
influence
of
that
compound
or
having
even
recently
been
exposed
to
cannabis,
as
has
been
noted
in
your
analysis,
the
primary
tool
that
employers
use
as
a
pre-employment
drug
screen
or
even
an
on-the-job
drug
screen,
urinalysis
cannot
detect.
Thc
urinalysis
can
only
detect
the
inert
byproduct
of
thc,
that's
carboxy,
thc
carboxy
thc
is
only
present
in
quantities
after
thc,
after
after
the
active
ingredient
in
cannabis
has
been
metabolized.
E
So
I
I
like
to
call
urinalysis
an
unimpairment
test,
because
you
only
get
carboxy
t
after
thc
has
already
been
metabolized.
We
know
that
thc
is
psychoactive,
but
carboxy
thc
is
not
carboxy.
Thc
can
be
detected
in
urine
for
weeks
even
months
after
past
exposure.
It
is
self-evidently
not
a
determination
of
impairment
or
recency
of
use.
E
Neither
again
is
blood
testing,
which
does
have
a
shorter
window
of
detection,
but
a
window
of
detection
that
may
be
as
long
as
one
week
after
past
exposure
in
the
cases
of
saliva
testing
metabolites
can
be
detected
for
many
hours
after
passed.
Use
again.
None
of
these
are
impairment
tests,
the
sort
of
impairment
or
performance
testing
technology
that
I
mentioned
in
my
testimony
like
druid,
like
alert
meter.
These
are
handheld
technologies
that
use
a
battery
of
scientifically
validated
tests,
tests
that
we
know
when
one
is
under
the
influence
of
cannabis.
E
E
A
person
has
a
baseline
performance
on
these
devices
and
then,
if
they
are
suspected
to
be
under
the
influence
they
perform
on
these
same
devices
and
their
performance,
is
there
then
compared
to
their
baseline
performance
to
see
if
there
are
similarities
or
differences?
This
sort
of
technology
is
already
being
used
in
the
workplace.
I
think
it
is
going
to
become
more
popular
as
time
moves
on
and
again
as
there
is
a
better
understanding
that
the
conventional
technology
and
tests
that
are
used
don't
meet
the
definition
of
a
performance
or
an
impairment
test.
D
D
By
having,
as
many
people
gainly
employed
as
possible.
It's
something
that
we
need
here
in
the
city
of
philadelphia,
considering
our
high
level
poverty,
and
although
the
focus
of
this
legislation
is
primarily
driven
on
the
employment
aspect.
Discrimination,
we've
also
noted-
and
mr
shane
talked
about
this
in
his
testimony
regarding
the
whole
perspective
of
the
criminal
justice
aspect
of
cannabis
and
how
that's
impacted
not
only
city
of
philadelphia
but
our
nation.
So
thank
you,
madam
chair.
B
Thank
you,
council,
member,
green,
a
quick
question
for
mr
shane,
mr
shane.
During
your
testimony,
you
talked
about
your
firm
being
a
global
firm,
although
headquartered
in
colorado,
you
work
across
the
nation
and
the
firmworks
across
the
world
on
this
issue.
Tell
us
if
you
will
what's
the
movement
like
at
the
federal
level
to
to
address
this.
Is
this
issue
and
robert
and
his
testimony?
B
A
A
A
A
A
A
Now
the
employment
law
is
federal
and
the
federal
law
is
a
little
bit
different.
Even
in
colorado,
you're
allowed
to
terminate
somebody
for
the
presence
of
marijuana
in
their
system.
We
have
a
strange
overlap
and
conflict
in
federal
law.
That's
part
of
what
makes
me
so
excited
about
this
ordinance,
because
this
prevents
the
testing
of
it
that's
very
different
from
terminating
something
for
having
it
and
the
testing
of
it,
especially
as
a
pre-employment
device.
A
So
if
the
federal
government
could
work
together
and
how
could
that
not
happen,
we
all
know
the
federal
government
works
so
wonderfully.
But
if
the
federal
government
could
work
together
and
say
you
know
hey,
let's
take
this
completely
change
the
controlled
substance
act
or
create
a
safe,
harbor
and
say
we're
going
to
take
certain
parts
of
cannabis
and
say
it
doesn't
apply
to
that.
This
would
be
a
very
different
conversation.
A
What,
although
we
feel
it
diminishes
us
to
legalize
marijuana.
It
might
not
be
hurtful
for
philadelphia
city
council
to
think
of
cannabis.
Much
like
alcohol.
Can
you
test
somebody
in
pre-employment
for
alcohol.
The
difference
being
is
the
gentleman
from
normal
said.
The
hang
time
for
cannabis
is
so
great,
and
also,
if
you're
a
person
with-
let's
say
post-traumatic
stress
disorder
and
you
use
marijuana
with
some
degree
of
frequency.
Well
heck.
You
could
have
a
residual
amount
in
your
system.
A
Somebody
like
myself
a
great
lightweight
and
you
could
test.
I
could
be
23
skidoo,
but
a
person
who's,
really
a
medical
user
and
and
is
in
great
need
of
it.
They
could
have
a
relatively
high
thc
among
their
system
and
no
impairment,
so
it
it's
rather
a
slippery
slope
again,
leading
to
the
enthusiasm
which
really
shouldn't
be
happening
in
pre-employment
testing,
and
we
should
break
it
down
to
really
what
is
that
person
doing,
but
looking
to
the
federal
government
for
salvation,
I
would
suspect,
is
the
triumph
of
optimism
over.
B
Experience
got
it.
Thank
you.
Thank
you,
mr
shane,
for
your
response.
Let
me
just
I'm
looking
in
the
chat.
Are
there
any
other
questions
for
this
panel
from
members
of
the
committee
hearing?
None,
let
me
ask:
is
there
anyone
else
here
to
testify
on
the
bill
whose
name
has
not
yet
been
called
anybody
here
to
testify,
whose
name
has
not
been
called
harry?
None.
I
want
to
thank
all
of
the
panels
and
witnesses
for
their
participation.
Today
we
value
your
opinions.
B
B
B
This
concludes
the
public
hearing
of
the
committee
on
bill
number
200625.
We
will
now
go
into
a
public
meeting
to
consider
the
action
to
be
taken
on
this
bill.
We
will
now
convene
the
public
meeting
rachel.
Will
you
please
call
the
role
to
take
attendance
members
that
are
in
attendance?
Will
please
indicate
that
you
are
present
when
your
name
is
called
also,
please
say
a
few
brief
words
when
responding
so
that
your
image
will
be
displayed
on
the
screen.
When
you
speak.
B
D
B
D
B
D
B
Okay,
second,
the
chair
knows
for
the
record
that
council
member
gim
seconds
the
motion.
It
has
been
moved
and
properly
seconded
that
bill
number
200625,
as
amended,
be
reported
from
this
committee
with
a
favorable
recommendation
and
further
move
that
the
rules
of
council
be
suspended
to
permit
first
reading
of
this
bill
at
the
next
session
of
council.
All
those
in
favor
of
the
motion
will
signify
by
saying
aye
hi
those
opposed
the
eyes
have
it
and
the
motion
carries,
and
this
will
conclude
the
meeting.
B
I
know
some
of
you
were
actually
in
two
meetings
at
the
same
time,
but
you
made
sure
that
you
were
present
and
allowed
us
to
maintain
our
quorum
so
that
we
could
vote
on
this
important
bill.
So
I
want
to
say
a
special
thank
you
to
each
of
you
and
thank
you.
Councilmember
green,
for
your
work
have
a
good
day.
Everyone.