Man Fired for Using Medicinal Marijuana

02/01/08

But according to Justice Kathryn Werdegar, "no state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law."

Gary Ross, who was fired for using medical marijuana for his back, took his company to court in Ross v. RagingWire. RagingWire said, according to the Associated Press, that "it fired Ross because it feared it could be the target of a federal raid, among other reasons."

All in the last week in the last month in the last 3 months in the last 6 months in the last year

Search Career Advice

However, Ross "argued that medical marijuana users should receive the same workplace protection from discipline that employees with valid painkiller prescriptions do," the Associated Press continues. And dissenting justice Joyce L. Kennard "called the decision 'conspicuously lacking in compassion.'"

In a written statement, Ross said, "All I am asking is to be a productive member of society. I was not fired for poor work performance but for an antiquated policy on medical marijuana."

• Search Legal Jobs
• Search Articles
• Employer Listing

United States

Search jobs

All in the last week in the last month in the last 3 months in the last 6 months in the last year

Search Career Advice

Select In-House Law Firms Government Recruiters Public Interest

Search Employer

Ross is only one of hundreds to be fired or not hired by a California company for using medicinal marijuana. He was hired by RagingWire in 2001, but after a drug test revealed his use of marijuana, he was fired a week after his starting date.

Joe Elford, a lawyer for Americans for Safe Access, which supports both the use of marijuana and Ross, said, "We remain confident that there will be a day when medical marijuana patients are not discriminated against in the workplace."

But to attorney Deborah La Fetra, "today's decision is a victory not only for employers but for workers and customers of companies who want to be assured of a drug-free workplace. Drug-using employees are known to have impaired abilities, both mental and physical, that can alter their judgment and other necessary skills for their work. This decision promotes employer efforts to make safe, drug-free workplaces."