Pubdate: Wed, 21 Nov 2007
Source: California Aggie, The (UC Davis, CA Edu)
Copyright: 2007 The California Aggie
Contact:  http://www.californiaaggie.com/
Details: http://www.mapinc.org/media/2725
Author: Geoff Johnson
Cited: Americans for Safe Access http://www.americansforsafeaccess.org
Bookmark: http://www.mapinc.org/topic/RagingWire
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

CALIFORNIA SUPREME COURT TO RULE ON MEDICAL MARIJUANA AND EMPLOYMENT

Within 90 days, the California Supreme Court will use the case of a 
medical marijuana patient who lost his job to determine whether or 
not companies can fire medical cannabis users for testing positive 
for marijuana.

The ruling hinges on Gary Ross, a U.S. Air Force veteran who was 
honorably discharged from the military in 1980 because of back pains. 
Ross used the computer knowledge he learned to start a career as a 
computer assistant, said Ross' attorney Joseph Elford.

"While he was a computer assistant, he visited his doctor," Elford 
said. "His doctor suggested that he use marijuana to treat his back 
as opposed to some of the conventional pain medications that he had 
been taking."

This treatment, however, led to Ross' termination at RagingWire 
telecommunications in 2001 when he tested positive for marijuana. 
Ross had previously informed his employer that he was approved for 
medical marijuana and used it regularly.

Ross took his case to the Sacramento County Court, but the court 
ruled in favor of RagingWire, said Americans for Safe Access 
communication specialist Chris Hermie.

State law has allowed the use of marijuana for medicinal purposes 
since Proposition 215, the Compassionate Use Act, was approved in 
1996. However this remains in conflict with national law, as use or 
consumption of marijuana remains illegal on a federal level.

RagingWire itself wouldn't violate any laws by employing Ross, Elford 
said. Certain safety-sensitive positions such as construction require 
their employees to be drug-free, but Ross' position did not meet this criteria.

"[RagingWire] throws in some lip service to the Drug Free Workplace 
Act," he said. "But that provides only to distribution or use of 
drugs in the workplace. The drug-free workplace has no effect here."

The California Fair Employment and Housing act requires employers to 
accommodate their staff as long as it doesn't create hardship for the 
employer. Asking a business to install a wheelchair ramp might be 
difficult if the business is a family grocery store, Elford said.

In this case, however, no action would be necessary on the part of 
RagingWire, he said.

"It's the one medication that helps Gary Ross sleep at night and in 
turn actually become a more productive worker," he said. "It's 
important to understand he does not claim or nor [sic] does he use 
marijuana on the job."

The company has made no allegations that Ross' performance was 
impacted by his use of marijuana, he said.

A similar case in Oregon ruled in favor of the employer in 2006, as 
the defendant's leg spasms did not qualify as a disability.

"There's not anything within the medical marijuana realm [in 
California] that has gone to court really on this," said 
Compassionate Coalition Communication Director Nathan Sands. "This is 
really going to be a groundbreaking case in that area, but there's 
been plenty of cases in the past regarding workers rights that have 
generally have come out in favor of the worker."

When contacted, RagingWire declined to comment. 
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MAP posted-by: Richard Lake