California employers can breathe a deep sigh of relief: The California Supreme Court has just ruled that workers who use medical marijuana aren’t protected by the state’s disability bias law or the Compassionate Use Act.
The case was filed by Gary Ross, who accepted a lead systems administrator position with Ragingwire Telecommunications in Sacramento. A preemployment drug test was required as part of the hiring process. Before taking the test, Ross gave the clinic administering the test a copy of his doctor’s recommendation for medical marijuana. Ross was disabled because of lower back problems and used marijuana, per his doctor’s recommendation, to control his pain. Ross began working for Ragingwire a few days after the drug test. Three days later, when the drug test came back positive for marijuana, Ragingwire discharged him.
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Now, California’s high court has affirmed a 2005 appeals court decision rejecting Ross’s lawsuit for disability discrimination and wrongful termination in violation of public policy. “Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions,” said the high court. Furthermore, the court ruled, California’s Compassionate Use Act, which protects medical marijuana users from criminal liability, does not address or alter the rights or duties of employers and employees.
We’ll have full details on this important new decision in an upcoming issue of the California Employer Advisor.
Additional Resources:
Ross v. Ragingwire Telecommunications, Inc., Calif. Supreme Court No. S138130, 2008