Court OKs Firing of Worker Who Used Medical Marijuana September 12, 2005
News Summary
A California court says that a company was within its rights to fire an employee who tested positive for marijuana, even though the worker was a physician-approved medical-marijuana user.The Los Angeles Metropolitan News-Enterprise reported Sept. 8 that the Third District Court of Appeal ruled that employer Ragingwire Telecommunications, Inc., could legally fire worker Gary Ross, dismissing Ross' appeal under the Fair Employment and Housing Act (FEHA).
"Because the possession and use of marijuana is illegal under federal law, a court has no legitimate authority to require an employer to accommodate an employee's use of marijuana, even if it is for medicinal purposes and thus legal under California law," wrote Presiding Justice Arthur Scotland. "If FEHA is to be extended to compel such an accommodation, that is a public-policy decision that must be made by the Legislature, or by the electorate via initiative, and not by the courts."
Ross had argued that his firing constituted discrimination on the basis of disability. The appeals court upheld an earlier decision by the Sacramento Superior Court. Scotland noted that California Proposition 215 "simply permits a person to use marijuana for medicinal purposes in our state without incurring state criminal law sanctions" and "says nothing about protecting the employment rights of those who do so."
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