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Calif Supreme Court: Workers can be fired for using med marijuana
AP via SFGate ^ | 1/24/8 | PAUL ELIAS, Associated Press Writer

Posted on 01/24/2008 10:32:38 AM PST by SmithL

San Francisco (AP) -- The California Supreme Court ruled Thursday that employers in the state can fire workers found to have used medical marijuana legally recommended by doctors.

The company, Ragingwire Inc., successfully argued it rightfully fired Gary Ross after he flunked a company-ordered drug test because all marijuana use is illegal under federal law, which does not recognize the medical marijuana laws in California and 11 other states.

Ross held a medical marijuana card authorizing him to legally use marijuana to treat a back injury he sustained while serving in the U.S. Air Force.

A 2005 U.S. Supreme Court decision declared that state medicinal marijuana laws don't protect users from prosecution. The Drug Enforcement Agency and other federal agencies have been actively shutting down major medical marijuana dispensaries throughout the state over the last two years and charging their operators with serious felony distributions charges.

The company said it fired Ross because it feared it could be the target of a federal raid, among other reasons.

Ragingwire, a small telecommunications company in Sacramento, has been joined in the Supreme Court by the Santa Clara Valley Transportation Authority and the Western Electrical Contractors Association Inc., who said companies could lose federal contracts and grants if they allowed employees to smoke pot.

(Excerpt) Read more at sfgate.com ...


TOPICS: Government; US: California
KEYWORDS: casupremecourt; medicalmarijuana; ruling; upinsmoke; workplace
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1 posted on 01/24/2008 10:32:39 AM PST by SmithL
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To: SmithL

The SCOCA got this one right.


2 posted on 01/24/2008 10:34:13 AM PST by TChris ("if somebody agrees with me 70% of the time, rather than 100%, that doesn’t make him my enemy." -RR)
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To: SmithL

"Duuuude, that's like... Harsh man."

3 posted on 01/24/2008 10:35:05 AM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: SmithL

Who wants an employee spaced out on pot? Seems like firing is just common sense.


4 posted on 01/24/2008 10:35:15 AM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: SmithL

“the Santa Clara Valley Transportation Authority”

DO NOT OPERATE HEAVY MACHINERY...


5 posted on 01/24/2008 10:36:41 AM PST by weegee (Those who surrender personal liberty to lower global temperatures will receive neither.)
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To: Abathar

“Warning: Use of this medication make make bands seem groovier than they are.”


6 posted on 01/24/2008 10:37:51 AM PST by weegee (Those who surrender personal liberty to lower global temperatures will receive neither.)
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To: SmithL

Thank God. Now get him some pills stat! Everyone knows they don’t have side effects. The pushers in the commercials told me they’re safe.


7 posted on 01/24/2008 10:38:25 AM PST by Sir Gawain
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To: The Ghost of FReepers Past

Who said he was high at work? Source?


8 posted on 01/24/2008 10:38:53 AM PST by Sir Gawain
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To: The Ghost of FReepers Past

Where I work (electronics retail) mandatory pot usage would probably improve performance, as in there would be fewer customer homicidies and higher retention rate.


9 posted on 01/24/2008 10:42:16 AM PST by utherdoul
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To: Sir Gawain

It does say he flunked a company ordered drug test. In my experience, those are given randomly during the work day.


10 posted on 01/24/2008 10:42:28 AM PST by Slapshot68
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To: Sir Gawain

The article implies he was bringing the pot to work. Why else would the company claim it was the potential target of a federal raid?


11 posted on 01/24/2008 10:42:37 AM PST by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: SmithL

Good decision


12 posted on 01/24/2008 10:43:48 AM PST by NinoFan
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To: weegee

In my youth I learned that Uriah Heep sounded completely different sitting in a beanbag with headphones on than they did without a little “help”. After listening for five minutes one day I couldn’t believe I thought that their stuff was great the night before...


13 posted on 01/24/2008 10:44:01 AM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Slapshot68

You can test positive for MJ months after using it with a hair sample test or weeks after using it with a urine test.


14 posted on 01/24/2008 10:45:31 AM PST by Sir Gawain
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To: Sir Gawain

One can only assume this would be applied to all legally prescribed drugs. And won’t the people be surprised when that happens?


15 posted on 01/24/2008 10:45:56 AM PST by Wolfie
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To: TChris

So then... Legislating from the bench is OK when it goes the way you want?


16 posted on 01/24/2008 10:47:13 AM PST by Redcloak (Dingos ate my tagline.)
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To: Moonman62
The article implies he was bringing the pot to work. Why else would the company claim it was the potential target of a federal raid?

Nice try. If he had pot at work, they would have used that as an argument and mentioned it in the article.

17 posted on 01/24/2008 10:48:04 AM PST by Sir Gawain
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To: TChris
"The SCOCA got this one right."

Damned right they did! At least the alcholics on the job are still protected cuz "it's a disease".

Damned potheads! Now, what'd I do with my brewski?

18 posted on 01/24/2008 10:52:58 AM PST by Hoof Hearted
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To: SmithL
I would imagine that the 9th Circuit in S. F. can fix this pretty quickly.
19 posted on 01/24/2008 10:53:22 AM PST by CarryingOn (Spread the message every day, like your life depended on it.)
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To: TChris
The SCOCA got this one right.

I think it is the correct outcome, but for the wrong reason. An employer should be able to fire an employee for whatever reason they want. However, this court seems to be of the opinion that there are restrictions on an empoyer's right to fire employees at will (which has been the prevailing opinion in CA for some time), but that the federal ban on marijuana is a sufficient justification for firing the employee.

In effect, the California Supreme Court appears to have just ceded the entire authority of the State of California over to the federal government, in direct violation of the 10th Amendment of the Constitution ofthe United States. I can't imagine a more irresponsible position for a state court to take than to undermine its own sovereign government.
20 posted on 01/24/2008 10:53:40 AM PST by fr_freak
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