midwestbluntman
01-26-2008, 06:45 PM
An employee can be fired for using marijuana, even for medicinal purposes, California's Supreme Court ruled on Thursday. Although state law permits such use, it is prohibited by the federal law. And, according to the court’s ruling an employer can’t be sued for unlawful discrimination under California law on firing employees who fail drug tests.
California's Supreme Court, in a 5-2 ruling, sustained a lower-court decision that prevents petitioner Gary Ross from filing a suit against Ragingwire Telecommunications Inc. for being fired after a drug test revealed his marijuana use.
Ross had been recommended marijuana by his physician to relieve pain associated with a back injury he had sustained while in the service. After he was fired, the 45-year-old, U.S. Air Force veteran sued the Sacramento, California-based company but the case was dismissed by a state trial court. Ross's lawyers appealed to the Supreme Court, after that ruling was maintained by an appellate court.
"Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions," Justice Kathryn Werdegar wrote. "No state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law.”
According to Ross’s lawyer, Stewart Katz, they were disappointed, though the decision did not come as a surprise.
The Pacific Legal Foundation was on the employer’s side and said the ruling be looked upon as a victory for safe, drug-free workplaces.
“You don’t want employers to be trying to figure who is impaired and who is not,” said Deborah J. La Fetra, a lawyer for the group. “They need to have a bright-line, no-drugs-in-the-workplace rule.”
Proponents of medical marijuana are displeased with the decision and are seeking support from lawmakers in the nation's most populous state. "We remain hopeful that the legislature will come to the aid of patients by preventing the sort of discrimination that is likely to occur from such a decision," said Joe Elford, chief counsel of Americans for Safe Access.
California's Supreme Court, in a 5-2 ruling, sustained a lower-court decision that prevents petitioner Gary Ross from filing a suit against Ragingwire Telecommunications Inc. for being fired after a drug test revealed his marijuana use.
Ross had been recommended marijuana by his physician to relieve pain associated with a back injury he had sustained while in the service. After he was fired, the 45-year-old, U.S. Air Force veteran sued the Sacramento, California-based company but the case was dismissed by a state trial court. Ross's lawyers appealed to the Supreme Court, after that ruling was maintained by an appellate court.
"Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions," Justice Kathryn Werdegar wrote. "No state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law.”
According to Ross’s lawyer, Stewart Katz, they were disappointed, though the decision did not come as a surprise.
The Pacific Legal Foundation was on the employer’s side and said the ruling be looked upon as a victory for safe, drug-free workplaces.
“You don’t want employers to be trying to figure who is impaired and who is not,” said Deborah J. La Fetra, a lawyer for the group. “They need to have a bright-line, no-drugs-in-the-workplace rule.”
Proponents of medical marijuana are displeased with the decision and are seeking support from lawmakers in the nation's most populous state. "We remain hopeful that the legislature will come to the aid of patients by preventing the sort of discrimination that is likely to occur from such a decision," said Joe Elford, chief counsel of Americans for Safe Access.