cannabisnews.com: State High Court Takes Up Medical Marijuana Case





State High Court Takes Up Medical Marijuana Case
Posted by CN Staff on November 06, 2007 at 15:55:14 PT
By  The Associated Press
Source: Associated Press
Sacramento, CA -- The California Supreme Court took up the issue of medical marijuana on Tuesday in a case involving a Sacramento-area man.The case is seen as an example of the intensifying clash between federal and local authorities over marijuana use. The court, which heard arguments in Sacramento, has three months to rule on the issue.
When Gary Ross of Carmichael was ordered to take a drug test at his new job, the recently hired computer tech had no doubt the results would come back positive for marijuana.But along with his urine sample, Ross submitted a doctor's recommendation that he smoke pot to alleviate back pain -- a document he figured would save him from being fired.It didn't: Ross was let go eight days into his tenure because his employer, Ragingwire Inc., said federal law makes marijuana illegal no matter the use.Ross, 45, contends that Ragingwire discriminated against him because of a back injury and violated the state's fair-employment law by punishing him for legally smoking marijuana at home."Obviously, I hope I prevail," Ross said. "I hope it's made clear that in California, medical marijuana is allowed and recommended by the doctors, and the employers cannot undermine the will of the people."Ross said he and others using medical marijuana should receive the same workplace protection from discipline that employees with valid painkiller prescriptions do. California voters legalized medicinal marijuana in 1996.Eleven other states, including Alaska, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington state have adopted similar laws and many are now grappling with the same sticky workplace issue of employee use of medicinal marijuana.The nonprofit marijuana advocacy group Americans for Safe Access, which is representing Ross, estimates that 300,000 Americans use medical marijuana. The Oakland-based group said it has received hundreds of employee discrimination complaints in California since it first began tracking the issue in 2005."It's an extremely widespread problem," said Joe Elford, the group's chief lawyer.Several national medical organizations and disability rights advocates have filed friend-of-the-court papers urging the Supreme Court to rule in Ross' favor.Ross said he permanently injured his back in 1983 while serving as a U.S. Air Force mechanic. He said it wasn't until 1999 that he found true pain relief with marijuana.The American Medical Association advocates keeping marijuana classified as a tightly controlled and dangerous drug that should not be legalized until more research is conducted."I think I'm standing up for everybody else," Ross said. "My motivation is that I don't like to lose and that medical marijuana is effective."So far, though, Ross has been losing.Two lower courts have sided with Ragingwire's decision to fire Ross because federal law holds that marijuana is illegal in all guises and a 2005 U.S. Supreme Court decision declared that state medicinal marijuana laws don't protect users from criminal prosecution.Ragingwire marketing chief Doug Adams declined to comment on the case.Ragingwire, a small telecommunications company in Sacramento, has been joined in the Supreme Court by powerful corporate interests such as the Santa Clara Valley Transportation Authority and the Western Electrical Contractors Association Inc., who said companies could lose federal contracts and grants if they allowed employees to smoke pot.The conservative nonprofit Pacific Legal Foundation said in a friend-of-the court filing that employers could also be liable for damage done by high workers."History abounds with cases of employers found liable," the Sacramento-based foundation wrote, "because their employees were driving vehicles, operating heavy equipment or otherwise performing tasks made more dangerous by their being under the influence of alcohol or drugs."Note: Carmichael Man Says Company Discriminated Against HimCopyright: 2007 by KCRA.com and The Associated Press.Source: Associated Press (Wire)Published: November 6, 2007Copyright: 2007 Associated Press Related Articles & Web Site:Americans For Safe Accesshttp://www.safeaccessnow.org/Court Considers Whether MMJ Users Can Be Firedhttp://cannabisnews.com/news/thread23450.shtmlPatients Aim To Keep Job, Use Pothttp://cannabisnews.com/news/thread21568.shtml
Home Comment Email Register Recent Comments Help




Comment #3 posted by FoM on November 07, 2007 at 07:02:39 PT
Related Article From The San Francisco Chronicle
Court To Rule: Can Medical Pot User Be Fired for Failing Drug Test?By Bob Egelko, Chronicle Staff WriterWednesday, November 7, 2007http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/07/BA3IT7N2T.DTL
[ Post Comment ]


Comment #2 posted by afterburner on November 06, 2007 at 23:46:47 PT
What about Those Prescription Meds?
{
The conservative nonprofit Pacific Legal Foundation said in a friend-of-the court filing that employers could also be liable for damage done by high workers."History abounds with cases of employers found liable," the Sacramento-based foundation wrote, "because their employees were driving vehicles, operating heavy equipment or otherwise performing tasks made more dangerous by their being under the influence of alcohol or drugs."
}Unfair prohibitionist tactic of lumping medical cannabis with alcohol and drugs!
[ Post Comment ]


Comment #1 posted by FoM on November 06, 2007 at 15:57:23 PT
Video from Above Article
http://www.kcra.com/news/14522889/detail.html?rss=sac&psp=news
[ Post Comment ]


Post Comment