Medical Prescription Provides No Job Protection for Marijuana Use

January 13, 2009 by Beeson Tayer & Bodine

California workers who are medical marijuana users are subject to termination for their marijuana use the California Supreme Court has decided. Ross v. Raging- Wire, Inc. (2008) 42 Cal.4th 920.

The Court rejected the argument that California’s Fair Employment and Housing Act requires employers to accommodate an employee who uses medical marijuana.

Plaintiff Gary Ross had been offered a job by RagingWire but was terminated after he tested positive for marijuana, despite Ross’ confirmation that he was using the marijuana under a physician’s direction to alleviate back pain and in compliance with California’s Compassionate Use Act.

FEHA does not require employers to accommodate the use of illegal drugs. Marijuana, the Court noted, is still illegal under federal law, and California voters, in approving the Compassionate Use Act, did not give marijuana the same status as a legal prescription drug.

The Court concluded voters only intended to exempt medical marijuana users from criminal penalties, not employment-related consequences.

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