Supreme Court rules medical marijuana users not protected as employees.Supreme Court Rules Medical Marijuana Users Not Protected As Employees: In a 5-2 ruling, the state Supreme Court upheld a lower court decision Jan. 31 that California's Compassionate Use compassionate use Pharmacology The use of an agent to treat Pts for whom conventional therapies have failed, or for whom no other drug exists; CU refers to the use of an agent on humanitarian grounds before it has received regulatory–FDA–approval Act, which shields medical marijuana users against state criminal charges of drug possession, does not extend protections to employees. U.S. Air Force veteran Gary Ross For the baseball player, see . Gary Ross (born November 3, 1956 in Los Angeles, California) is an American writer, director and actor. He is best known for directing Pleasantville and Seabiscuit, both of which had Tobey Maguire in the lead role. had tried to sue Sacramento-based Raging-wire Telecommunications Inc. after it fired him for off-duty medicinal smoking. Ross, who said he was prescribed marijuana by his physician to treat chronic pain resulting from injuries sustained while serving in the Air Force, had no standing to state a claim for either disability discrimination or wrongful termination wrongful termination n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages). , according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the court's decision. "Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and duties of employers and employees," the court ruled. "Under California law, an employer may require pre-employment drug tests and take illegal drug use into consideration in making employment decisions." The act was intended to defend medical marijuana users against charges of drug possession. The court added that there are still no protections under federal law, which bans drug possession for medical use or other purposes. Chris Hoffman, managing partner in the San Diego office of labor law labor law, legislation dealing with human beings in their capacity as workers or wage earners. The Industrial Revolution, by introducing the machine and factory production, greatly expanded the class of workers dependent on wages as their source of income. firm Fisher & Phillips LLP LLP - Lower Layer Protocol , said employers often weigh safety and productivity concerns about those working with traces of the marijuana in their system with fear of wrongful termination lawsuits. "I think this was a significant and important decision for employers," Hoffman said. "It allows them to do what's right in most decisions without having to litigate it." |
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