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Calif. Supreme Court Says Employers Can Fire Medical-Marijuana Users
January 25, 2008

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News Summary

Medical-marijuana users can be fired for violating workplace drug policies in California, despite the fact that use of the drug is legal for medical purposes under state law, the California Supreme Court has ruled.

The Associated Press reported Jan. 24 that the court upheld the firing of medical-marijuana user Gary Ross, who failed a company-ordered drug test. Ross said the fact that he was an authorized medical-marijuana user should have protected him from being fired, but the employer said that the firing was justified because marijuana is illegal under federal law.

The California Supreme Court upheld the firing; previously, the U.S. Supreme Court ruled that medical-marijuana users are not shielded from prosecution under federal drug laws. A number of other companies and the Pacific Legal Foundation joined Ross' employer, Ragingwire Inc., in asserting that employers should be able to fire marijuana users because they pose a risk of damage in the workplace and raise liability risks.

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