[ASA Field]

March ASA Legal Tip of the Month
Employment Rights and Medical Marijuana: Post-Ross v. Raging Wire
Part 2 of 2: Pre-Employment Situations

In the disappointing January decision, Ross v. RagingWire, the California Supreme Court determined that medical marijuana patients cannot state legal claims for damages under the Fair Employment and Housing Act or on public policy grounds for retaliation from employers for testing positive for marijuana. Unfortunately, employment discrimination against medical marijuana patients remains a widespread problem. What does this mean for you?

If you are a patient applying for a new position, you do not have the right to refuse a “pre-employment” drug test, which may occur several weeks after you start working. If you are concerned about failing the test, you can educate your employer, using the negotiation letter found in our Legal FAQ on our website. You may also attempt to negotiate when you will be required to take the test. Note that most employment drug tests do not differentiate between marijuana and Marinol.

If your employer retaliates against you for being a medical marijuana patient, you can still file a complaint with the Department of Fair Employment and Housing, but know that it is a mostly symbolic statement, as it is almost certain no action will be taken under current law.

The ray of hope for patients is that ASA has been working with California Assemblyman Mark Leno to author and pass the Gary Ross Anti-Discrimination Act that if passed, will codify employment protections for medical marijuana patients into law. Read more about the bill, AB 2279.

Good tip. I feel other areas need more support in terms of legalization, before it is even considered at a work place level.

Good tip, once again.

[squatter420]

It's good to see these back. They have a plethora of information included in them. Will you be posting them regularly again?

[ASA Field]

Yes - I've been posting them monthly for the past several months and will continue to do so.

[ASA Field]

Though the current situation does suck, we are doing our best to change this through the legislature. Our bill could reach the Assembly floor as soon as next week! Check out this thread for details on how to take action: http://www.weedtracker.com/forums/sh...7.html?t=63237

Are there any bills at the federal level concerning mmj??? The feds have been a real pain in the ....

Butt,..

a pain in the butt !

[ASA Field]

Originally Posted by im6878

Are there any bills at the federal level concerning mmj??? The feds have been a real pain in the ....

There is one bill at the federal level re: medical cannabis. It was recently introduced by Barney Frank: http://www.americansforsafeaccess.or...le.php?id=5503