cannabisnews.com: California Court Legitimizes Firings for Use of MJ California Court Legitimizes Firings for Use of MJ Posted by CN Staff on January 24, 2008 at 14:20:52 PT By Karl Vick, Washington Post Staff Writer Source: Washington Post Los Angeles, CA -- The California Supreme Court ruled today that employers may fire workers who test positive for marijuana even if a doctor has recommended its use for medical purposes. The 5-2 ruling came in the state that was the first to legalize marijuana for medical use, and further snarls legal issues grounded in conflict with federal law. The court said a Sacramento company had the right to fire Gary Ross in 2001 after a routine drug test came back positive for marijuana. Ross showed Ragingwire Inc. a copy of his physician's recommendation that he use pot to relieve chronic pain from a back injury incurred while he was with the Air Force. But the company fired him, saying that drug use was illegal under federal law and left it vulnerable to lawsuits. "What are they supposed to do?" said Deborah LaFetra of the Pacific Legal Foundation, which filed a brief supporting the employers. "Employers are held liable all the time when drunk or stoned employees cause trouble, either in the workplace or driving home. That's one of the reasons why the drug free workplace is so important." The high court agreed. "No state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law, even for medical users," Justice Kathryn Werdegar wrote for the majority. "Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and obligations of employers and employees." Advocates argued that the state legislature did exactly that, however, when it mentioned the workplace in the 2003 law that elaborated on the ballot initiative voters approved in 1996. Kris Hermes, spokesman for Americans for Safe Access, the Oakland advocacy group that represented Ross, said advocates would go back to the state legislature to seek more explicit protections. "It really has less to do with whether someone is intoxicated at work than it has to do with the ability of someone to medicate themselves away from work and not during working hours," Hermes said. Hermes said technology exists to test employees for levels of the drug in their bodies that would indicate whether they took it recently and are impaired. He said the ruling will affect at least 200,000 Californians estimated to use marijuana under the recommendation of medical personnel. Complete Title: California Court Legitimizes Firings for Use of Prescribed MarijuanaSource: Washington Post (DC)Author: Karl Vick, Washington Post Staff Writer Published: Thursday, January 24, 2008Copyright: 2008 Washington Post Contact: letterstoed washpost.comWebsite: http://www.washingtonpost.com/ Related Articles & Web Site:Americans For Safe Accesshttp://www.safeaccessnow.org/Bosses May Fire Workers for Using Medical Pot http://cannabisnews.com/news/thread23620.shtmlWorkers Can Be Fired for Using Medical Pothttp://cannabisnews.com/news/thread23618.shtml Home Comment Email Register Recent Comments Help Comment #21 posted by charmed quark on January 25, 2008 at 18:00:02 PT testing for marinol I was worried about this issue when I first had to go on Marinol and so did some research.I believe you can distinguish between cannabis and Marinol by testing for the metabolites of CBD. Marinol is pure THC, natural cannabis has other cannabinoids such as CBD. You could even, in theory, distinguish the exact variety of THC in Marinol, which is different from natuarl analogs, but this would be very tough.Standard professional drug screening first does a chemical strip test. If there is a positive it is verified by gas chromatography/mass spectrometry (GC/MS), and occasionally, infrared spectroscopy. The GC/MS is automated and isn't horribly expensive.GC/MS can also determine if CBD metabolites are in ths sample. However, since a CBD test is not a standard test, it has to be done by hand. I've heard prices of around $1000.This is all from memory, so maybe someone here is more knowledgeable.I have read of a case that happened back in the 90s where a Marinol user tested positive and the testing officer refused to accept the Marinol as an explanation for the positive. The guy had to pay for the CBD test himself to prove it. But in most organizations, there is no protocol for further testing and the Marinol is accepted as the reason for the "false" positive.The general practice is to bring in the medication and the drug officer will call the prescribing physician to make sure it is a legitimate prescription. And that's it. No further verification.My experience has been that drug officers hate Marinol. I guess they think it allows people to get away with something. They will often claim there is a "safety" issue because you are taking Marinol and try to make an issue about it with your employer. I've been on the receiving end of this attitude. [ Post Comment ] Comment #20 posted by dongenero on January 25, 2008 at 13:13:23 PT yes, you're right afterburner I was SO ticked off yesterday about the hypocrisy and blatant conflict of this idiotic ruling by the California Supreme Kangaroo Court. [ Post Comment ] Comment #19 posted by Hope on January 25, 2008 at 10:08:38 PT Testing metabolites of cannabis and marinol I've heard that twenty five thousand dollar test thing. A friend of mine, on probation, or deferred aducation, or something, told me that she was allowed a marinol script, but that a blood test caught the difference when she did smoke some cannabis. They sent her to prison... because they said they could tell the difference. Sadly, I have to keep in mind that she might not have been telling me the whole truth and nothing but the truth. To my dismay, I learned that she wasn't always truthful with me about some things. She was a beleaguered person, in so many ways... so I can understand why she might be afraid, in some cases, to be completely honest and aboveboard about her situation. That's, sadly, I believe, one of the results of our highly, excessively, and unreasonably punitive system of government. It's not conducive to honesty and what's right. It's conducive to fear.She had plenty of reason to be fearful. [ Post Comment ] Comment #18 posted by Hope on January 25, 2008 at 09:50:37 PT Herbdoc It's so good to hear from you and know you're still alive and kicking. Thank you so much for checking in. [ Post Comment ] Comment #17 posted by afterburner on January 25, 2008 at 09:48:46 PT dongenero #2 Boycotts are fine, but if they don't known we're boycotting, it's only half effective. Let's send them letters stating that we will no longer do business with them because of their archaic drug policies! [ Post Comment ] Comment #16 posted by dongenero on January 25, 2008 at 08:25:56 PT herbdoc Keep pressing on Steve. Welcome back to the world of....well....a little bit more freedom. Peace. [ Post Comment ] Comment #15 posted by FoM on January 25, 2008 at 07:21:15 PT herbdoc215 I'm just glad to know you are still kicking. [ Post Comment ] Comment #14 posted by herbdoc215 on January 25, 2008 at 06:35:55 PT Hi, Sorry I ain't checked in sooner but I've been so far out in the boondocks they ain't even heard of this thing called "the internet"...still getting messed with by gov't over refugee thing and trying to get my medical benefits/pension back but I'm still plodding on :), I told Canada this would happen to me and I'll be damned if I wasn't right 100% as the gov't has played every game with me since my abduction they could think of...but Nov.28th of last year all my fed probation and stuff over my head went away so at least I can start being vocal/active again...it's just hard to deal with all thats happened, I feel like a rape victim and have sort of been huddled in a ball the last two years but I'm slowly coming back...peace, Steve [ Post Comment ] Comment #13 posted by FoM on January 25, 2008 at 05:17:30 PT herbdoc215 It's good to see you. [ Post Comment ] Comment #12 posted by herbdoc215 on January 25, 2008 at 03:53:33 PT TCH-V test is junk science....discredited! JoeCitizen, the test you speak of has been discredited and is no longer used even though they'll threaten with it, when I called them on it they (the feds) blinked cause they knew it was bs as I has 5 MD's lined up to blow it out of the water not only that but it also cost >$25,000 A TEST...so the pigs can bs all they want as a Marinal script will stop all this...it's even schedule 3... especially now since the DEA/FDA just open regs for producing THC meds so new ones will be coming out shortly...I tried yesterday to get my MD here in Ky to give me a IND for SativaX but he didn't want to mess with red tape! Damn pill docs are as bad as the pigs....all they want is money and souls! Peace, Steve [ Post Comment ] Comment #11 posted by JoeCitizen on January 25, 2008 at 03:15:34 PT Supposedly there's a test to distinguish There is supposed to be a test that can distinguish whole cannabis metabolites from marinol/dronabinol metabolites. It has to do with a variant of THC called THC-V (Tetrahydrocannabivarin.)I don't know if it's accurate. I do know that the Feds used it against Todd McCormick to prevent him from smoking herbal cannabis, i.e., he could only use marinol.JC Wikipedia page on THC-V [ Post Comment ] Comment #10 posted by Dankhank on January 24, 2008 at 20:57:24 PT as I said I'm not the most versed in this, I brought up the use of Marinol as a defense in here months ago and was rebuffed with the info I alluded to by a much more knowledgeable individual.I would invite that person to continue this discussion. [ Post Comment ] Comment #9 posted by lineman on January 24, 2008 at 20:23:11 PT: Marijuana > you would have to show that you didn't smoke the plant.Not true. When you take your drug test, they ask if you have any prescriptions that might affect the results. If you have a prescription for marinol and test positive for THC metabolites, the drug test comes back negative. The company you work for has nothing to do with it. [ Post Comment ] Comment #8 posted by Dankhank on January 24, 2008 at 19:02:32 PT marinol vs plant you would have to show that you didn't smoke the plant.and you pretty much can't ...measurable metabolites differ with different methods of ingestion ..others know more about this than I ... [ Post Comment ] Comment #7 posted by fight_4_freedom on January 24, 2008 at 16:32:17 PT: firedog That's a brilliant idea. [ Post Comment ] Comment #6 posted by FoM on January 24, 2008 at 16:28:30 PT firedog It's good to see you. [ Post Comment ] Comment #5 posted by firedog on January 24, 2008 at 16:18:41 PT Prescribe Marinol then... If that's true, one could get a prescription for Marinol from an MD and then use the natural variety instead. In the event of a drug test, submit the Marinol prescription as an explanation... [ Post Comment ] Comment #4 posted by charmed quark on January 24, 2008 at 15:48:23 PT Impact on Marinol? So, can they now fire someone who tests positive for THC metabolites even if they bring in a legitimate prescription for Marinol? In the rest of the country they can't.And if it is still OK for employees to take Marinol as long as they aren't impaired at work and under a doctor's supervision, why not cannabis?Are they arguing that because cannabis is illegal at the Federal level, while Marinol is legal, an employer is more at risk to lawsuits from cannabis compared to Marinol and therefore should be allow to descriminate?It's all very confusing to me. [ Post Comment ] Comment #3 posted by runruff on January 24, 2008 at 14:54:08 PT: I confess! I smoked pot on the job.Oh yeah, I was a professional pot grower.Oh well, just one of the perks of the job. [ Post Comment ] Comment #2 posted by dongenero on January 24, 2008 at 14:52:27 PT Raging Asshole Wire customers Here is a list of just a few of Raging Wire's valued Fortune 1000 corporate customers, should anyone opposed to their policies wish to weigh in with their purchasing decisions.Alibris http://www.alibris.com/Polycom http://www.polycom.com/usa/en/home/index.htmlPhotronics http://www.photronics.com/index.jspBlackRock http://www2.blackrock.com/global/home/index.htmNvidia http://www.nvidia.com/page/home.htmlHitachi http://www.hitatchi.com/Flextronics http://www.flextronics.com/en/default.aspx [ Post Comment ] Comment #1 posted by dongenero on January 24, 2008 at 14:40:06 PT drug free workplace is a myth "What are they supposed to do?" said Deborah LaFetra of the Pacific Legal Foundation, which filed a brief supporting the employers. "Employers are held liable all the time when drunk or stoned employees cause trouble, either in the workplace or driving home. That's one of the reasons why the drug free workplace is so important."They are not firing people for using alcohol at home. They are not firing people for pharmaceutical opiates, painkillers, anti-anxieties, tranquilizers, all of which are very altering and apparently ok to be under the influence of....while working at Raging Wire.Furthermore they are not firing Mr. Ross for being "stoned" at work. They are firing him for using doctor recommended, state legal medicine....at home!May Raging Wire's business go down the tubes over this. [ Post Comment ] Post Comment