California Weekly Round Up

January 25, 2008

California Court Rules Against Patients' Rights- Assemblyman Mark Leno and ASA Respond with Legislation

This week, the California Supreme Court delivered a major blow to patients' civil rights.  On Thursday, the California Supreme Court ruled that Proposition 215 does not protect legal patients from being fired if they test positive for medical cannabis use.  In a 5-2 decision, the Supreme Court claimed that Ross could not rely on the Fair Housing and Employment Act or the state's medical marijuana law to prevent discrimination at the workplace. Gary Ross, a 45-year old disabled veteran and a medical marijuana patient, was fired in 2001 by his then-employer Raging Wire Telecommunications after he disclosed that he was a medical cannabis patient and would test positive to the company's mandatory drug test. Following this event, Ross filed a lawsuit arguing that Raging Wire illegally discriminated against him because of his condition. However, a Sacramento Superior Court, and then the Third Appellate District Court both rejected his argument. In October 2005, ASA appealed to the California Supreme Court on behalf of Ross. The California Supreme Court's decision on Thursday was a major blow to medical marijuana patients' rights, with the potential to limit a patients' right to work. ASA's Chief Counsel, Joe Elford, played a significant role in Mr. Ross' case, helping write the appeal and serving as co-counsel to Mr. Ross starting in 2005. For more information on the Ross case read Mr. Elford's  blog on the case and the California Supreme Court Decision at: www.AmericansforSafeAccess.org/RossDecisionBlog

The good news is that California Assemblyman Mark Leno and ASA were waiting to respond in case of an adverse ruling like this. Assemblyman Leno announced only hours after the decision on Thursday that he will be introducing an ASA-sponsored piece of legislation that will amend California law to protect patients from this kind of discrimination. In his press release, Assemblyman Leno wrote, "Today's California Supreme Court ruling strikes a serious blow to patients' rights.  In the coming weeks I will introduce legislation that secures a medical cannabis patient's right to use their doctor recommended medication outside the workplace. Through the passage of Proposition 215 in 1996 and SB 420 in 2004, the people of California did not intend that patients be unemployed in order to use medical marijuana."  Assemblyman Leno's legislation will accomplish what the California Supreme Court's decision has diminished.  This bill will properly protect legal medical cannabis patients and ensure their right to work.

Read Assemblyman Leno's press release about this important piece of legislation: www.AmericansforSafeAccess.org/downloads/leno_ross_release.pdf For background on the Ross vs. Raging Wire case visit: www.AmericansforSafeAccess.org/Ross Read the California Supreme Court's decision at: www.AmericansforSafeAccess.org/downloads/Ross_Ruling.pdf                 San Francisco Democratic Committee Calls on Mayor Newsom to Take a Stand From San Francisco ASA Core Leader, Alex Franco In a huge step forward for the Stand Up Newsom Campaign and patients in San Francisco, the San Francisco Democratic Congressional Campaign Committee passed a resolution with the following amendment: "...that Mayor Gavin Newsom, the San Francisco Board of Supervisors and San Francisco’s State legislators join with Oakland Mayor and former Congressman Ron Dellums in denouncing the DEA tactics surrounding the property rights of landlords who rent to medical cannabis dispensaries." At Wednesday night's San Francisco Democratic Congressional Campaign Committee meeting, party Vice Chair and San Francisco Marijuana Offenses Oversight Committee co-chair, Michael Goldstein, seeing the ineffectiveness of the resolution as presented proffered an amendment requesting Mayor Gavin Newsom to join Oakland Mayor Ron Dellums in condemning the DEA's recent tactics of intimidating property owners who rent to medical cannabis dispensaries.  Upon hearing the loud applause from the public in attendance, committee member Robert Haaland was moved to ask to join Vice Chair Michael Goldstein's amendment by adding language that included the San Francisco Board of Supervisors and San Francisco's elected state officials.  This added strength to a position of support already voiced to advocates by many of the Board members, and Senator Carole Migden who is currently moving legislation supporting medical cannabis dispensary owners and their landlords through the state legislature.  San Francisco Assembly member Mark Leno has also voiced support of safe access of patients to their medication. Activists from Axis of Love SF, the Harvey Milk Club and Americans for Safe Access San Francisco spoke on behalf of the resolution. Some activists who were called minutes before the meeting rushed to the site and were able to demonstrate their support through their presence. The committee showed it understood the issue by first supporting the amendment, then by passing the entire resolution that included the amended language. Both votes were nearly unanimous with the exception of one abstention by Senator Diane Feinstein.  Feinstein's proxy, George Broder, explained his vote by noting he was unable to vote without passing it by the Senator. The Democratic Congressional Campaign Committee (DCCC) is the official campaign arm of the Democrats in the House of Representatives. The DCCC is the only political committee in the country whose principal mission is to support Democratic House candidates every step of the way through this critical election year.  Congratulations to ASA and the activists involved in getting this resolution passed. For more information about the DCCC's decision and to find out how you can get involved, contact Alex at: aaaFranco@yahoo.com


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