California Assembly Votes to Protect Medical Marijuana Patients' Right to Work
May 28, 2008
"The California Assembly has acted to protect the right of patients to work and be productive members of society," said Joe Elford, Chief Counsel with Americans for Safe Access, the medical marijuana advocacy group that argued the case before the Court and is now a sponsor of the bill. "The State Senate now has the important task of passing this bill with the aim to protect the jobs of thousands of Californians with serious illnesses such as cancer and HIV/AIDS."
The bill leaves intact existing state law prohibiting medical marijuana consumption at the workplace or during working hours and protects employers from liability by carving out an exception for safety-sensitive positions. "AB2279 is not about being under the influence while at work. That's against the law, and will remain so," said Mr. Leno, the bill's author. "It's about allowing patients who are able to work safely and who use their doctor-recommended medication in the privacy of their own home, to not be arbitrarily fired from their jobs," continued Mr. Leno. "The voters who supported Proposition 215 did not intend for medical marijuana patients to be forced into unemployment in order to benefit from their medicine."
On January 24, in a 5-2 decision, the California Supreme Court upheld a lower court's ruling that an employer may fire someone solely because they use medical marijuana outside the workplace. The plaintiff in the case, Gary Ross, is a 46-year old disabled veteran who was a systems engineer living Carmichael, California, when he was fired from his job in 2001 at RagingWire Telecommunications for testing positive for marijuana. "It's important that we not allow employment discrimination in California," said former plaintiff Gary Ross. "If the Court is going to ignore the need for protection, then it's up to the legislature to ensure that productive workers like me are free from discrimination."
The decision in Ross v. RagingWire dealt a harsh blow to patients in the courts, shifting the debate to the state legislature. But, before the court made its final decision, Ross enjoyed the support of ten state and national medical organizations, all of the original co-authors of the Medical Marijuana Program Act (SB 420), and disability rights groups. Since it began recording instances of employment discrimination in 2005, ASA has received hundreds of such reports from all across California.
Employment rights legislation AB2279: http://www.AmericansForSafeAccess.org/downloads/AB2279.pdf
ASA page on AB2279, including Fact Sheet and Letters of Support: http://www.AmericansForSafeAccess.org/AB2279
Legal briefs and rulings in the Ross v. RagingWire case: http://www.AmericansForSafeAccess.org/Ross
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With over 30,000 active members in more than 40 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.