Employment and Medical Marijuana
While medical marijuana is legal in California under CA SB 420 and Proposition 215, employers are still allowed to discriminate for employment if a patient admits to using medical marijuana or if the medication shows up on a urinalysis. In order to completely amend this, there must be a complete change in federal law.
Americans for Safe Access, a pro-medical marijuana organization, believes in and has fought for the right of patients to be given employment as long as they use marijuana in their off-hours and show to be competent in their job duties. However, this will likely not occur for several years.
In the 2008 case of Ross v. Raging Wire, the California Supreme Court ruled that Raging Wire had the right to terminate the job offer they gave to a potential employee, Gary Ross. Ross was a veteran who was prescribed medical marijuana for chronic back pain, lost his job offer from RagingWire Telecommunications when came up positive for cannabis on a pre-employment drug test. When he informed his potential employer about his patient status, they immediately withdrew their job offer and the case was won by the company.
After this case, ASA began conspiring with State Senator Mark Leno to pass A.B. 2279, which would safeguard medical cannabis patients from experiencing discrimination with regards to employment. However in the Fall of 2008, then-Governor Arnold Schwarzenegger vetoed the bill, causing efforts to fix this injustice to continue today.