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Medical Marijuana Bill Vetoed by California Governor
October 6, 2008

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News Summary

A bill that would have protected employees from being fired for testing positive for medical marijuana use has been vetoed by California Gov. Arnold Schwarzenegger, the San Francisco Chronicle reported Oct 2.

Medical-marijuana advocates had advanced the bill in an effort to overturn a state Supreme Court ruling that allowed employers to fire workers for using marijuana even if they did so under doctors' orders. The use of medical marijuana in California was approved by Proposition 215 in 1996.

In its ruling earlier this year, the high court said that although Proposition 215 exempted medical-marijuana patients and their caregivers from state prosecution, its intent was not to limit an employer's authority to fire workers who use drugs banned under federal law. In his veto message, Schwarzenegger also expressed concern about "interference in employment decisions as they relate to marijuana use," adding: "Employment protection was not a goal of the initiative as passed by voters in 1996."

Dale Gieringer, California coordinator of the National Organization for the Reform of Marijuana Laws and a co-author of Proposition 215, disagreed. "The intent of 215 was to treat marijuana like other legal pharmaceutical drugs," he said.

The employment measure was opposed by the state Chamber of Commerce and had narrowly passed both houses of the state legislature.

COMMENTS ON THIS ARTICLE:

Posted by Debelyn From San Diego Calif on 05 Nov 08 10:06 AM EST
Oh My Goodness!! Let it be ok for me to have my medical marijuana, I much prefer to eat/smoke my marijuana for scoliosis and be able to be a productive member of society, which I could never do with the alternate medicines that I am prescribed, like morphine and methadone. And how many people go out to a work lunch and drive after an afternoon cocktail? I agree.."Take Cannabis Out Of The War On Drugs"

Posted by substanceabusecounselor on 14 Oct 08 11:08 PM EDT
If the legal medical use of marijuana is to be treated the same as other pharmaceuticals, then let it be so. It is still illegal to use many pharmaceuticals while driving a car or operating other heavy equipment. Many employers will not allow employees to work while under the influence of opiates, benzodiazapines, barbarturates and certian psych meds. All these drugs, including Marijuana effect a persons ability to do their job efficently and correctly. Forget the fact that Marijuana is illegal on a federal level. It is mind and mood altering and employers should have the right to not have someone under the influence in thier workplace

Posted by qkruse on 14 Oct 08 06:15 PM EDT
The ambiguity rears its ugly head again....The notion that all Medical Marijuana are getting over is just a canard. It is not true. And, if Medical Marijuana will enable someone to work and stay off of SSI and other forms of welfare we should encourage it. OR apply the rule evenly across the board to those taking Valium, any of the anti-psychotics, Vicodan, and codeine cough syrup.

Posted by Dan Gray on 07 Oct 08 06:34 PM EDT
I can understand the Governor's position. It is imperative that ALL factors be taken into consideration when drafting a piece of legislation. The Governor would have placed himself at odds with the Federal Government and, in far too many cases, the employers themselves. Let's take into consideration just one factor at that is the Federal Law regarding the use of excessive amounts of alcohol and any illicit drugs that covers all who work in "safety sensitive" positions under the Department of Transportation. It is vital to research with great diligence, the potential "brick walls" that are already in place and word the bill around them or into them.

Posted by Jkushner on 07 Oct 08 12:30 PM EDT
Great. It is time that the politicians got on the right side of this issue and see it for what it is...a sham.

Posted by ashley on 07 Oct 08 11:24 AM EDT
I am pleased with this veto. people doing their jobs when they are under the influence is not safe. Not to mention the drive to and from work everyday high.

Posted by John from Oceanside on 07 Oct 08 10:48 AM EDT
The majority of Medical Excuse Marijuana so called patients in California are not sick at all. I've met them on the Golf Course carring their bag and walking the course. In San Diego we saw them ride their bicycles up to the dispenceries that we shut down because they were selling to anyone who walked in the door. The owners are now doing State Prison Time not federal. I can get a suggestion from a doctor because I'm in recovery and the stress of staying clean, marijuana would ease my stress, as long as I have $200.00 cash to pay the Quack Doctor. Arnold did a good with his veto.

Posted by brinna on 06 Oct 08 10:27 PM EDT
"Take Cannabis Out Of The War On Drugs" This veto is a shame. As a reform activist in California, I have met many extremely ill people who now, on top of their struggles with their illness, have to continue to worry about losing their jobs simply for using their doctor recommended, safe and effective medicine.

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