Marijuana use at work subject of bill

Ukiah Daily Journal Staff

The Daily Journal


A bill that passed through the California State Senate this week would make it illegal to fire a person solely because they use medical marijuana.

The bill, Medical Cannabis Employment Nondiscrimination, would reverse the court decision made earlier this year in Ross v. Raging Wire Communications in which the courts upheld the firing of Gary Ross, 45, for failing an employment-mandated drug test after telling his employers in advance that he was using medical marijuana to treat an ailment when not at work.

Raging Wire Communications argued that by continuing to employ Ross they would expose themselves to potential liability and possible federal criminal charges.

The bill would make it illegal to discriminate during hiring, firing or any other condition of employment based solely on an employees use of legitimate medical marijuana while not at work.

It would also allow an employee who feels they were discriminated against for their legal use of medical marijuana to file a civil action against their employer.

The bill does provide provisions for jobs where safety is an issue or where cannabis-affected performance would endanger the health and safety of others or expose the company to liability.

The bill would not give medical marijuana users the right to smoke marijuana at work, would not force employers to violate state or federal law and would not expose employers to criminal liability.

The bill was co authored by Assembly Members Mark Leno, Patty Berg, Loni Hancock and Lori Saldaña.

The bill now goes back to the State Assembly for concurrence and then to Governor Arnold Schwarzenegger's desk.


http://www.ukiahdailyjournal.com/ci_10297811?source=rss