Pubdate: Fri, 25 Jan 2008
Source: Deseret Morning News (Salt Lake City, UT)
Copyright: 2008 Deseret News Publishing Corp.
Contact:  http://www.desnews.com/
Details: http://www.mapinc.org/media/124
Author: Paul Elias, Associated Press
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/find?115 (Marijuana - California)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

COURT SAYS NO TO USE OF MEDICAL MARIJUANA

SAN FRANCISCO -- Employers can fire workers who use medical marijuana 
even if it was legally recommended by a doctor, the California 
Supreme Court ruled Thursday, dealing the state another setback in 
its standoff with federal law enforcement.

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

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

The justices upheld that argument in a 5-2 decision.

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

The U.S. Supreme Court declared in 2005 that state medicinal 
marijuana laws don't protect users from prosecution. The Drug 
Enforcement Administration and other federal agencies have been 
actively shutting down major medical marijuana dispensaries 
throughout California over the past two years and charging their 
operators with felony distribution charges.

Ragingwire said it fired Ross because it feared it could be the 
target of a federal raid, among other reasons.

The Santa Clara Valley Transportation Authority and the Western 
Electrical Contractors Association Inc. had joined Ragingwire's case, 
arguing that 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.

Ross had argued that medical marijuana users should receive the same 
workplace protection from discipline that employees with valid 
painkiller prescriptions do. California voters legalized medicinal 
marijuana in 1996.

The nonprofit marijuana advocacy group Americans for Safe Access, 
which represents 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 began 
tracking the issue in 2005.

Safe Access attorney Joe Elford said the group will now focus on 
urging the Legislature to pass a law protecting workers who use 
medical marijuana.

"We remain confident that there will be a day when medical marijuana 
patients are not discriminated against in the workplace," he said.

Assemblyman Mark Leno, a Democrat who represents part of San 
Francisco, said he will introduce legislation addressing those 
concerns in the next few weeks.

The ruling "strikes a serious blow to patients' rights," he said.

Eleven states have adopted medical-marijuana laws similar to 
California's: Alaska, Colorado, Hawaii, Maine, Montana, Nevada, New 
Mexico, Oregon, Rhode Island, Vermont and Washington.

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