Pubdate: Fri, 25 Jan 2008
Source: Times-Standard (Eureka, CA)
Copyright: 2008 MediaNews Group, Inc.
Contact:  http://www.times-standard.com/
Details: http://www.mapinc.org/media/1051
Author: Thadeus Greenson, The Times-Standard
Note: The Associated Press contributed to this report
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/topic/Proposition+215
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

MEDICAL POT USE CAN GET YOU FIRED

A California Supreme Court decision Thursday allowing employers to 
fire workers for using medical marijuana has some local attorneys 
disappointed and scratching their heads.

"To me, it's an absolute travesty that patients who receive doctors' 
recommendations to use medical cannabis are discriminated against in 
the workplace," said Greg Allen, a local attorney with experience 
handling marijuana cases. "I'm pretty appalled at this ruling."

The high court upheld a Sacramento telecommunications company's 
firing of Gary Ross, who flunked a company-ordered drug test but had 
a medical marijuana card authorizing him to legally use marijuana to 
treat a back injury sustained while serving in the Air Force.

The company, Ragingwire Inc., successfully argued it rightfully fired 
Ross because all marijuana is illegal under federal law, which does 
not recognize medical marijuana laws in California and 11 other states.

"No state law could completely legalize marijuana for medical 
purposes because the drug remains illegal under federal law," Justice 
Kathryn Werdegar wrote for the 5-2 majority.

Eureka attorney Neal Sanders, who specializes in medical marijuana 
cases, said he doesn't see what federal law has to do with the case.

"This is a California case," he said. "It's dealing with California 
employers, and this particular person was concerned about losing his 
job in California. (Ross) didn't sue under federal law, he sued under 
California law, under which people can use medical marijuana with a 
doctor's recommendation. I don't see how federal law comes into play 
in a California case."

Sanders comments seem to underline a battle that has followed 
California's Compassionate Use Act -- also known as Proposition 215 
- -- since its adoption in 1996.

A 2005 U.S. Supreme Court decision declared that medical marijuana 
laws don't protect users from federal prosecution. The Drug 
Enforcement Administration and other federal agencies have recently 
been actively shutting down medical marijuana dispensaries throughout 
California, charging their operators with felony distribution.

In Ross' case, Ragingwire said it fired him because, among other 
reasons, the company feared it could be the target of a federal raid. 
The Santa Clara Valley Transportation Authority and the Western 
Electrical Contractors Association Inc. joined Ragingwire's case, 
arguing that companies could lose federal contracts and grants if 
they allowed employees to smoke pot.

Thursday's decision, Allen said, could place California on a slippery 
slope, and employees on other medications could find themselves next 
on the firing block.

"Remember, this case was clear and the facts were decided that this 
guy's work performance wasn't affected in any way," Allen said. "If 
you can do it with one medication, you can do it with another. ... It 
does have the potential for opening up the flood gates on other medications."

For his part, Sanders said the decision also enters the dangerous 
ground of employers controlling what employees do legally while away from work.

"People ought to understand that this issue isn't if someone should 
be able to smoke marijuana at work or on their break," Sanders said. 
"The only question here is whether an employer had the ability to 
control what an employee does at home, which was legal under state law."

Americans for Safe Access, or ASA, a nonprofit marijuana advocacy 
group that represents Ross, said in a press release that the group 
has received hundreds of similar complaints of employment 
discrimination since 2005. ASA attorney Joe Elford said the group 
will now focus on getting the Legislature to pass a law protecting 
medical marijuana users.

"Obviously, we are extremely disappointed by the ruling," Elford 
said. "But we remain confident that there will be a day when medical 
marijuana patients are not discriminated against in the workplace."

The American Medical Association advocates keeping marijuana 
classified as a tightly controlled and dangerous drug that should not 
be legalized until more research is done.
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MAP posted-by: Richard Lake