I haven’t seen this issue come up yet so I just wanted to give folks a heads up as certainly there are some supports of medical marijuana here.
By a 5-2 ruling the California Supreme Court says: You can get fired for using medical marijuana, as perscribed by a doctor, and there isn’t a damn thing you can do about it.
From CNN NEWS
The 5-2 decision upheld the job termination of Gary Ross, who flunked a company drug test shortly after being hired at a telecommunications firm.
A state referendum that allows people to use medical marijuana with a physician's recommendation are immune from some state criminal drug possession charges. But the state high court said such legal protection only goes so far.
"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," wrote Justice Kathryn Mickle Werdegar. "Under California law, an employer may require pre-employment drug tests, and take illegal drug use into consideration in making employment decisions."
So basically, this is a big f*** you to people who use medical marijuana. Am I the only one who thinks this is reprehensible? The firing is justified, later in the article, for all the tired old reasons that Nancy Reagan would say ‘Just say no’. There are two things that bother me about this:
- It undermines the rights of states, again, to make laws to regulate responsible drug use. When a federal appeals court said earlier this year that medical marijuana users can be subject to arrest, that was step one. The California court in the current case seems to also be ignoring the spirit and intent of state law. (And where are the Repbulicans who argue about ‘intrusive government’ on this one? I’m just sayin’)
- Secondly, I think anyone who takes prescription medicine should take note. Look, most medicines are illegal if you don’t have a prescription in your name. Lots of people take Zoloft, Lithium, OxyContin for legitimate medical purposes. Something like OxyContin is extremely illegal if you don’t have a prescription (duh, Rush!). This court decision is saying to me if you take a drug that your employer doesn’t like then you can be fired.
Take pain medicine? You could get addicted. Out the door with you!
Take an antidepressant? You have issues! You may not be fully committed to the company! Out the door with you!
And there is no doubt in my mind that employers would use your medication to fire you, if they could. I think this is a blow to our civil liberities as individuals and as employees.
I will admit this is an Issue I don’t really know much about. But I thought some people would like to see this article.
So any corrections or thoughtful discussion is very welcome.