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Medical marijuana, discharge, and California's Compassionate Use Act
December 01, 2005 by Ross Runkel at LawMemo
The California Supreme Court announced November 30 that it will hear an appeal in Ross v. Ragingwire Telecommunications (California Ct App 09/07/2005).
California's Compassionate Use Act provides that certain criminal statutes prohibiting the possession and cultivation of marijuana shall not apply to a patient (or caregiver) "who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician." Thus, the Compassionate Use Act grants limited immunity from criminal prosecution to qualified patients and caregivers. The Court of Appeal framed the issue as follows: "[i]f an employer discharges an employee for using marijuana, even though it is being used for medical reasons in accordance with the Compassionate Use Act, does the discharge violate FEHA [California's Fair Employment and Housing Act], public policy, or an implied contract not to terminate the employee except for just cause?" The court held that the answer to that question is "no." The court stated that "[b]ecause the possession and use of marijuana is illegal under federal law, a court has no legitimate authority to require an employer to accommodate an employee's use of marijuana, even if it is for medicinal purposes and thus legal under California law."
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
