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Calif. Supreme Court to Hear Employee Marijuana Case
August 17, 2006

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News Summary

The full California Supreme Court will soon decide whether the state's medical-marijuana law protects an employee from being fired for drug use, and opinions are already flowing in from both sides, The Recorder reported Aug. 16.

Gary Ross, a medical-marijuana user, was fired by RagingWire Telecommunications Inc. in 2001 after he tested positive for marijuana. Ross sued, saying he was legally prescribed the drug by his doctor. Ross has received support from local and national medical-marijuana groups as well as disability groups, who argue that his firing violated the state's Fair Employment and Housing Act.

Five state lawmakers also have filed amicus briefs with the Supreme Court, saying that a 2003 bill they authored requires employers to accommodate employee medical-marijuana use.

On the other side, the conservative Pacific Legal Foundation said in court filings that the state can't force employers to keep workers who may have impaired judgment arising from drug use. The Santa Clara Valley Transportation Authority and the Western Electrical Contractors Association Inc. said they could lose federal contracts if they endorse marijuana use.

The original trial court and the 3rd District Court of Appeal both previously ruled against Ross. 

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