The California Supreme Court ruled Thursday that employers can fire workers who test positive for marijuana even if they have a note from a doctor recommending its use for medical reasons.
The 5 to 2 ruling came in a state that was the first to legalize cannabis for medical use but has followed up with ambiguity and ambivalence about making it a reality.
In the latest ruling, the high court said a Sacramento company had the right to fire Gary Ross in 2001 after a routine drug test came back positive for marijuana. Ross showed RagingWire Inc. a copy of his physician's recommendation to smoke the drug to relieve chronic back pain from three lumbar vertebrae fractured when he fell off the wing of an F-16 as an Air Force mechanic in 1983.
"From 1999 when my doctor started recommending medical marijuana, I can stop that spasm from getting into a knot and I don't need any pain medication," said Ross, adding he smokes only when he experiences spasms. "Prior to 1999 I was carted off in an ambulance a half a dozen times. Since 1999, only once."
But the company fired him, arguing that drug use was illegal under federal law.
More on this from the Washington Post HERE