By Andrew Harris
Jan. 24 (Bloomberg) -- An employee fired for his medicinal use of marijuana can't sue his employer for unlawful discrimination under California law, the state's top court ruled.
In a 5-2 ruling today, California's Supreme Court upheld a lower-court decision that plaintiff Gary Ross can't sue his employer, Ragingwire Telecommunications Inc., after it fired him for his off-duty medicinal smoking.
Nothing in California's voter-approved Compassionate Use Act of 1996, which allows the smoking of marijuana when recommended by a physician, governs the ``respective rights and duties of employers and employees,'' Justice Kathryn M. Werdegar wrote for the majority.
Ross, a U.S. Air Force veteran, was fired by Sacramento, California-based Ragingwire, after a drug test required of new employees revealed his marijuana use, according to the court. Ross's physician had recommended marijuana to relieve pain associated with a back injury Ross sustained while in the service.
He sued the company claiming his firing was both an act of disability-based discrimination and a wrongful firing in violation of public policy. California law permits employers to require pre-employment drug testing and to consider illegal drug use when making employment decisions, Werdegar said.
``The majority has seriously compromised the Compassionate Use Act, denying to those who must work for a living its promised benefits'' in treating cancer, AIDS, chronic pain and other medical conditions, Supreme Court Associate Justice Joyce Kennard wrote in a dissenting opinion.
Kinnard agreed with the majority that Ross had no public policy-based claim because federal law makes marijuana possession and use illegal.
The case is Ross v. Ragingwire Telecommunications Inc., S128130, California Supreme Court.
Full article here
Jan. 24 (Bloomberg) -- An employee fired for his medicinal use of marijuana can't sue his employer for unlawful discrimination under California law, the state's top court ruled.
In a 5-2 ruling today, California's Supreme Court upheld a lower-court decision that plaintiff Gary Ross can't sue his employer, Ragingwire Telecommunications Inc., after it fired him for his off-duty medicinal smoking.
Nothing in California's voter-approved Compassionate Use Act of 1996, which allows the smoking of marijuana when recommended by a physician, governs the ``respective rights and duties of employers and employees,'' Justice Kathryn M. Werdegar wrote for the majority.
Ross, a U.S. Air Force veteran, was fired by Sacramento, California-based Ragingwire, after a drug test required of new employees revealed his marijuana use, according to the court. Ross's physician had recommended marijuana to relieve pain associated with a back injury Ross sustained while in the service.
He sued the company claiming his firing was both an act of disability-based discrimination and a wrongful firing in violation of public policy. California law permits employers to require pre-employment drug testing and to consider illegal drug use when making employment decisions, Werdegar said.
``The majority has seriously compromised the Compassionate Use Act, denying to those who must work for a living its promised benefits'' in treating cancer, AIDS, chronic pain and other medical conditions, Supreme Court Associate Justice Joyce Kennard wrote in a dissenting opinion.
Kinnard agreed with the majority that Ross had no public policy-based claim because federal law makes marijuana possession and use illegal.
The case is Ross v. Ragingwire Telecommunications Inc., S128130, California Supreme Court.
Full article here