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Court: Employers Can Fire People Using Medical Marijuana

Submitted by Phusion on Thu, 01/24/2008 - 22:40

USA Today reports that a recent court decision holds up employers rights to fire workers who are using or have used medical Marijuana, even if they have a prescription for it. As a personal note, I'd just like to say this is a terrible set back, the one thing we needed from the state was to protect us from being fired for using our medicine. Here's a snip from USA Today:

SAN FRANCISCO -  Employers can fire workers found to have used medical marijuana even if it was legally prescribed, the California Supreme Court ruled Thursday in another setback for California in its increasingly rancorous clash with federal law over medical pot use.

The high court upheld a small Sacramento telecommunications company's firing of a man who flunked a company-ordered drug test. Gary Ross held a medical marijuana card authorizing him to use the drug to treat a back injury sustained while serving in the Air Force.

With any luck, we'll be able to overturn this ruling somehow, it's a damn shame the writers of the 215 law didn't add a clause for those who work and use medical Marijuana. What do you think, should employers be able to fire you for using medical Marijuana? How about pharms? Update: Here are some more links to the story, ok, the picture on CBS5 with the caption: "Medical marijuana, waiting to be smoked" -- that's just funny.

 


I have read a couple of the

Submitted by dreagen on Fri, 01/25/2008 - 04:14.
I have read a couple of the news articles and it looks like this is another issue between state and federal laws. The reasons they didn't want him working was because they could lose Federal Contracts as a result of having a Marijuana user assigned to the contract. I am not to familiar with the case but I do know that any federal contract I worked on no matter who the company was would give the Federal organization the right to drug test me.

Frankly I don't think

Submitted by Anonymous Stoner on Fri, 01/25/2008 - 20:41.
Frankly I don't think employers should be able to fire people for Marijuana, medical or non. As long as they don't come to work intoxicated, and their work productivity doesn't decrease, why fire them? Currently, we don't fire people for drinking Alcohol, in their free time, because whether or not someone does, has no barring on their work productivity. Marijuana is no different, and if I use at home, Well my work productivity is no less than anyone else... Sometimes more. I know the law is currently set up, to disscurage "illegal" drug use... Which is why I think we first have to achieve full legalization, And THEN fight for our rights to use, and not lose our jobs. As for medical users, it's a shame that a state court can't do what's right here... Medical users shouldn't be fired. But until Medical Use, is legal at a federal level, such rullings don't surprise me much... Just disapoint. Really, Marijuana has sooo many issues to be worked on right now... In the end, the biggest way to solve ALL of them, is to legalize Medical and Adult Responsible Recreational Use. The only question that remains, should we continue to try for legalization, via all these small issues... Slowly picking away at some, accepting a few setbacks... but ulimatly, after time, winning legalization...... Or is it time again, for a strong flat out legalization effort? Forget everything else and work on simply legalizing it, Using ALL factors involved, toward proving legalization is needed. I think all the small stuff, medical, hemp, recreational, would have far greater effect if it was all used together for a mass legalization push now... Though that's costly... I see no reason to wait anymore.

Alright! some intelligent

Submitted by Phusion on Fri, 01/25/2008 - 22:40.
Alright! some intelligent conversation, I love it. Sure, we SHOULD legalize Marijuana for exactly those reasons-- but it's very hard to make the law makers see it that way. We do need to push for legalization, I think that in the coming years, when more and more states are allowing medical Marijuana, when more than half the nation is tolerant of Marijuana.. it will be easier to make a move towards legalization.

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