Smoke a Joint, Lose a Job: CA Supreme Court Rules Employers Can Fire Workers for Medical Marijuana Use

The California Supreme Court has ruled that a positive drug test arising from medical marijuana use can be grounds for termination of employment.

The LA Times reported on Jan. 25, 2008 ("Workers Can Be Fired For Using Medical Pot Off Duty, Court Rules") that "The California Supreme Court weakened the effect of the state's beleaguered medical marijuana law, ruling Thursday that employers may fire workers for using physician-recommended marijuana while off duty, even if it did not hurt their job performance. Supporters of medical marijuana immediately criticized the court's 5-2 ruling, saying it undermined the 1996 law, which prohibits the state from criminalizing the medical use of the drug. Hundreds of medical marijuana users have complained that they have been fired, threatened with termination or not hired by California companies because of their drug use, according to one advocacy group. In siding with employers, the California Supreme Court said the Compassionate Use Act passed by voters and later amended by the Legislature imposed no requirements on employers."

According to the Times, "The court majority upheld the firing of Gary Ross, an Air Force veteran whose doctor recommended marijuana for chronic back pain stemming from an injury in the military and whose disability qualified him for government benefits. Ross, 45, was hired by RagingWire Telecommunications Inc. in 2001 as a systems engineer. Before taking a required drug test, Ross provided a copy of his physician's recommendation for marijuana. The company fired him a week after he started the job because his test revealed that he had used marijuana. Ross sued the company on the grounds that it failed to accommodate his disability as required under a state anti-discrimination law. He contended that he had worked without any problems at other jobs in the same field since becoming a medical marijuana user. Lower courts, however, sided with the employer."

The Times noted that "Attorney Robert M. Pattison, who represented RagingWire Telecommunications, a Sacramento data center, said the ruling resolved questions that have troubled employers about the use of medical marijuana and did "not at all" eviscerate the marijuana law. 'In fact, the court makes it clear that the point here is the medical marijuana law doesn't address employment,' Pattison said."

Here's a link to the CA Supreme Court's decision in this case.