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Calif. Court: Employees May Be Fired for Medical Marijuana Use

By FindLaw Staff

California workers may be fired for medical marijuana use, under a ruling issued Thursday by the California Supreme Court. In a 5-2 decision, the court held that California's Compassionate Use Act of 1996 -- which gives authorized medical marijuana users defenses to certain state criminal charges related to marijuana -- does not protect workers who test positive for marijuana use. The court declared that "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. . .[A]n employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions."

• Read the California Supreme Court Decision [PDF file]
• Washington Post: Calif. Firms Can Fire Medical Marijuana Users
• When You Must Submit to Workplace Testing (FindLaw)
• Employee Rights Center (FindLaw)

Full post as published by FindLaw's Common Law on January 25, 2008 (boomark / email).