California Weekly Round Up
November 09, 2007
ASA Fights in the California Supreme Court to Protect Patients' Rights to Work On Tuesday, November 6, Americans for Safe Access Chief Counsel Joe Elford argued an appeal of the discriminatory decision of September 7, 2005, when the Court of Appeals for the Third Appellate District denied a qualified medical marijuana patient any remedy for being terminated from his/her employment simply for testing positive for marijuana. In Ross v. Ragingwire Telecommunications, Inc., the court relied on federal law to defeat Gary Ross' state law causes of action for wrongful termination in violation of public policy and employment discrimination in violation of California's Fair Employment and Housing Act. “Neither the People of California nor the state legislature intended to exclude medical marijuana patients from a productive workforce,” said Joe Elford. “California must continue its leadership role in protecting disabled workers,” continued Elford. “The Court must rule on the side of Ross, and on the side of thousands of California patients that risk discrimination on a daily basis.” After the lively hearing, Elford and Ross met with dozens of reporters outside of the courthouse. The Associated Press story was picked up by more than 200 papers nationwide. FindLaw and The Recorder offered legal analysis of the hearing, and Drug Law Blog posted YouTube clips of the highlights of the arguments. A ruling in the case will be issued within 90 days of the hearing. For further explanation and links to the legal briefs, go to ASA's Brief Bank page on Ross v. RagingWire. Federal Defendant Bryan Epis Remains Free Bryan Epis was the first medical marijuana patient convicted in federal court after the passage of California’s Proposition 215. Epis was arrested June 25, 1997, after Butte County sheriff's officers discovered marijuana plants growing in the basement of his home in Chico. After an incredibly lengthy federal trial process, on September 14, 2007, U.S. District Court Judge Frank C. Damrell sentenced Epis to 10 years in prison. Epis has been out on bail since August 9, 2004, pending his appeal to the Ninth Circuit Court of Appeals, and Judge Damrell denied the prosecution's request to imprison him immediately. Epis' attorney, Brenda Grantland, then filed a motion for continued bail pending his appeal, and after reading it, the U.S. Attorney conceded, and did not oppose the motion. In a piece of great news, this means that Epis will remain out of federal prison and home with his family for at least the next 18 months, which is the soonest he can expect a decision on his case from the Ninth Circuit. An in-depth report of Epis' sentencing hearing by Vanessa Nelson is available (with pictures) here. Congratulations again, Bryan, from ASA staff and membership!