Need some help from the California Officers!

[gringoscott]

I work security at a mall in the Bay Area. It's a pretty laid back job, as I work during the day most of the week. However, there is one thing I need clarification on that noone seems to know much about. So, here's the situation:

An employee of one of the stores in the mall has a medicinal marijuana prescription. He takes his breaks in his car in one of our parking structures. He rolls his windows down, turns his system up, and smokes a bowl or two. We get complaints daily from customers and the security from the anchor store attached to the structure about this guy smoking, but there isn't much I can really do but ask him to turn down the music and take his smoking elsewhere. The guy states that it is illegal for me to demand him to smoke his drugs off the premesis, as he has a prescription. I've also been told that it is the responsibility of his employer to provide a place for him to "take his medicine." How much of this is true? It is against the mall policy to do any drugs on the property, yet, he has a prescription. So by enforcing the policy, I am infringing on his rights, right?

Help! I don't know what to do. Neither does the security or mall management... Thanks in advance!

[LA5150]

I found this info for you, from the Health and Safety Code in California:

11362.785. (a) Nothing in this article shall require any
accommodation of any medical use of marijuana on the property or
premises of any place of employment or during the hours of employment
or on the property or premises of any jail, correctional facility,
or other type of penal institution in which prisoners reside or
persons under arrest are detained.

11362.79. Nothing in this article shall authorize a qualified
patient or person with an identification card to engage in the
smoking of medical marijuana under any of the following
circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a
residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.

As I understand it, if the engine is running in his car, he is considered to be in control of an operating motor vehicle, and would be subject to this section. I hope you can make use of this.

[gringoscott]

You're my hero! Homeboy is getting hooked tomorrow. All I've gotten is crap from him for about a month. I'm gonna ask him nicely to move. Once. :D

[Badgerboy]

This would fall under the policy of your property since the guy in question is an employee. IIRC, the employer can be sanctioned by the property management for employee misconduct or problems.

As security, I am sure you are familiar with PC 602 and your position as agent of the property in regards to enforcing trespassing if it came to that, but I would have your sup talk to mgmt and tell them they are the "teeth" in this situation.

Sounds like it's personal, so you might want go easy on the "hooking" before getting property mgmt behind you.

[madsnax]

Something tells me this kid shouldn't have a medical mj prescription. Sounds to me like he is taking advantage of the system to "justify" his habit.

Medical MJ should be reserved for people with no hope, who are in horrible pain, and can't even eat.. At least let them die happy/pain-free.. Sounds like this kid is none of that.. Sounds like he just wants an excuse to get high.

[gringoscott]

Badgerboy: I had a meeting today with the Assistant General Manager of the mall. He's going to find out what the rest of the malls in the state are doing. CYA goes for everyone I guess.:rolleyes: And yes, 602PC is definately my friend at this job. Especially 602.1 (refusal to leave). That one helps alot. As far as it being personal... If this guy blows his smoke in my face one more time... ok, so it's personal, I admit it.

Madsnax: Ya, this guy is a total winner. He get's paid 8.00/h and he's rounding thirty y/o. (Just to compare, I'm making 11.00 as an entry level security guard. Entry level LEO's make approx. 30.00) Apparently he has a "back problem." Right. I say let him get high all he wants if that's what he wants. Just not on my property.

Thanks all for the input! And allowing me to rant for a bit.:D

[madsnax]

Apparently he has a "back problem." Right. I say let him get high all he wants if that's what he wants.

I can't believe he has a prescription for MARIJUANA because of a back problem. That is _BOGUS_.

His back problem is probably from not exercising his lazy ***!

[gringoscott]

The great part is that we see him running and pushing his pretzel cart down the back corridors on cxamera when he thinks noone is looking. You know, like you used to dowhen you went to the grocery store when you were little in the parking lot? It's a tough life though, working four days a week, six hours a day. I can't help but wonder how he can afford a brand new Jetta??? :rolleyes: