Pubdate: Fri, 25 Jan 2008
Source: Washington Times (DC)
Page: Front Page
Copyright: 2008 The Associated Press
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Referenced: The decision http://drugsense.org/url/NDVd3p20lJ
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)

MEDICAL POT USERS CAN BE DISMISSED

SAN FRANCISCO (AP) -- Employers can fire workers found to have used 
medical marijuana even if it was legally recommended, the California 
Supreme Court ruled yesterday.

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 Mr. 
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 Mr. 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 marijuana.

The conservative nonprofit Pacific Legal Foundation said in a 
friend-of-the-court filing that employers could also be liable for 
damage done by workers under the influence of marijuana.

Mr. 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 Mr. 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 California Legislature to pass a law protecting workers 
who use medical marijuana.

"Obviously, we are extremely disappointed by the ruling," he said. 
"But we remain confident that there will be a day when 
medical-marijuana patients are not discriminated against in the workplace."

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