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Court Says Worker Use of Marijuana Not Protected

On January 24, the California Supreme Court ruled that employers are not required to retain workers who test positive for marijuana use even if the drug is recommended by a doctor for medical reasons.

The case involved an employee who tested positive for marijuana and was dismissed by his employer. The employer, RagingWire Telecommunications, Inc., believed the employee’s drug use left the company vulnerable to issues that could generate lawsuits.

The employee claimed he was discriminated against and illegally fired because his drug use was recommended by his physician and he carried a medical marijuana card.

Federal Law Prevails

His employer argued successfully — all the way to the California Supreme Court — that all marijuana use is illegal because the drug remains banned under federal law.

In 1996, voters passed the “Compassionate Use Act,” making California the first state to legalize marijuana use for medicinal purposes. Enactment of the “Compassionate Use Act” instantly created controversy and uncertainty.

The January 24 Supreme Court decision was clear, however. The court said that the act has nothing to do with employment laws.

Justice Kathryn Werdegar wrote, “Under California law, an employer may require pre-employment drug tests and take illegal drug use into consideration in making employment decisions.”

She further wrote, “Nothing in the text or history of the ‘Compassionate Use Act’ suggests the voters intended the measure to address the respective rights and obligations of employers and employees.”

A 2005 U.S. Supreme Court decision also held that state laws legalizing the use of marijuana for medicinal purposes do not protect users from prosecution.