CA Court Considers Whether MMJ Users Can Be Fired

CA Court Considers Whether MMJ Users Can Be Fired
Posted by CN Staff on November 05, 2007 at 13:55:56 PT
By Paul Elias, The Associated Press
Source: Associated Press
San Francisco, CA -- When his new boss at Ragingwire Inc. ordered Gary Ross to take a drug test, the recently hired computer tech had no doubt the results would come back positive for marijuana. But along with his urine sample, Ross submitted a doctor's recommendation that he smoke pot to alleviate back pain—a document he figured would save him from being fired. It didn't, however, and Ross was let go eight days into his tenure because the company said federal law makes marijuana illegal no matter the use.
On Tuesday, the California Supreme Court is due to hear Ross' case, the latest example of the intensifying clash between federal and local authorities over marijuana use. Ross, 45, contends that Ragingwire discriminated against him because of a back injury and violated the state's fair-employment law by punishing him for legally smoking marijuana at home. He says he and others using medical marijuana should receive the same workplace protection from discipline that employees with valid painkiller prescriptions do. California voters legalized medicinal marijuana in 1996. Eleven other states, including Alaska, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington state, have adopted similar laws and many are now grappling with the same sticky, workplace issues over drug use by employees smoking medicinal marijuana approved by doctors. In Oregon, for instance, two competing bills on the issue died in that state's Legislature this year. The nonprofit marijuana advocacy group Americans for Safe Access, which is representing Ross, estimates that 300,000 Americans use medical marijuana. The Oakland-based group said it has received hundreds of employee discrimination complaints in California since it first began tracking the issue in 2005. "It's an extremely widespread problem," said Joe Elford, the group's chief lawyer. At least one other similar workplace lawsuit have been filed in the state, but Elford has been advising the aggrieved to first file complaints with the state's Fair Housing and Employment agency. The agency issues "right-to-sue" letters after investigating complaints, giving a person up to a year to file a lawsuit. "We're advising everyone to go slow encouraging them to wait for a decision by the Supreme Court," Elford said. Several national medical organizations and disability rights advocates have filed friend-of-the-court papers urging the Supreme Court to rule in Ross' favor. Ross, who lives in Sacramento, said he permanently injured his back in 1983 while serving as a U.S. Air Force mechanic. He said it wasn't until 1999 that he found true pain relief with marijuana, though scientists are still split on the drug's effectiveness. The American Medical Association advocates keeping marijuana classified as a tightly controlled and dangerous drug that should not be legalized until more research is conducted. "I think I'm standing up for everybody else," Ross said. "My motivation is that I don't like to lose and that medical marijuana is effective." So far, though, Ross has been losing. Two lower courts have sided with Ragingwire's decision to fire Ross because federal law holds that marijuana is illegal in all guises. Five current and former Democratic state legislators who argue that the lower courts misinterpreted a law they helped pass that banned smoking of medicinal marijuana at the workplace. The lawmakers said nothing in their law prevents employees with medical marijuana cards to smoke outside the workplace. The lawmakers wrote that the state's fair employment law and the 1996 Compassionate Use Act legalizing medicinal marijuana, "authorize and protect the use of medical cannabis by employees away from the workplace and during nonbusiness hours, as exemplified by plaintiff-petitioner Gary Ross, and that the court of appeal's decision erred in concluding otherwise." Employers are fearful of falling productivity and that they open themselves to the wrath of federal officials, who are armed with a 2005 U.S. Supreme Court decision declaring that state medicinal marijuana laws don't protect users from criminal prosecution. Ragingwire marketing chief Doug Adams declined to comment on the case. Ragingwire, a small telecommunications company in Sacramento, has been joined in the Supreme Court by powerful corporate interests such as the Santa Clara Valley Transportation Authority and the Western Electrical Contractors Association Inc., who said companies could lose federal contracts and grants if they allowed employees to smoke pot. The conservative nonprofit Pacific Legal Foundation said in a friend-of-the court filing that employers could also be liable for damage done by high workers. "History abounds with cases of employers found liable," the Sacramento-based foundation wrote, "because their employees were driving vehicles, operating heavy equipment or otherwise performing tasks made more dangerous by their being under the influence of alcohol or drugs."Complete Title: Calif High Court Considers Whether Medical Pot Users Can Be FiredSource: Associated Press (Wire)Author: Paul Elias, The Associated PressPublished: November 5, 2007Copyright: 2007 Associated Press Related Articles & Web Site:Americans For Safe Access Aim To Keep Job, Use Pot Pot Use Can Make Jobs Go Up in Smoke
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Comment #21 posted by paulpeterson on November 09, 2007 at 11:58:11 PT
We both agree, at least, that since there is good footage of at least one plane hitting (the second tower, at least), it would be a very uphill battle to convince the public that this event did not involve planes, right?We also agree that there were probably humans in those planes, and there probably was government involvement there, somehow, and somewhere, right?We also agree that whether or not there were Arab "pilots", for lack of a better term, it would appear that some targetting "help" of some form or other, would increase the likelihood of the planes hitting the exact "bullseye", and that some well-placed charges would certainly increase the likelihood of having a really good media frenzy, which would increase the likelihood of a war frenzy, which did happen, right?Ergo: Since we also know that Colleen, the Minnesota FBI lady that spilled the beans about forewarning of such an event, that makes it very likely, in fact, that the government "cabal" of intelligence agents, that would, should or could have also been alerted, could very well have 'coordinated' efforts to take advantage of this event, which was either thought up by US intelligence, or if thought up by others, to take advantage of these events, big time, eh?In other words, it doesn't matter if there were Arabs on board or not! Of course, since the public has been carefully "taught" that these were Arab hijackers, this also means there is an uphill battle to refute that there were these bearded guys, guiding planes into targets, with remarkable precision.Therefore, the most likely success for people that wish to cut little chinks out of the armor of deniability, etc., need to accept that there was at least a "motive" of foreigners, bent on destruction, and that some of them got into position to take over these planes, and that if there was government complicity in some way, it was in taking advantage of people that had bad motive, and then to increase the "success" of these perps in doing carnage, and that's that.And once you look at this "theory" as a plausible working scenario, and plug in the other details, ie: the fighter jets that weren't summoned, and told to fly slow, and the potential for "no strike" orders, and the countdown to "pull" #7, and the finding of pooled metal in the basement columns, that order to EMT's to get out, and the tremors underground, and the potential for living persons, with some extra sensitivity (such as myself), that very morning, to have been "patched in" with some earth shaking events that were meant, and are still meant, to change the course of the history of the world, to have fealt, heard and saw things, which could best be described and understood as inept partially trained and inefficient pilots, to suddenly realize that they had been duped, and they weren't in control of the descent of these "fuses", but were being used as pawns in a greater and more deceptive plan than they ever could have hatched, or executed themselves, this makes the best and overall most logical sense, ie: how can these bearded guys have been so angry, as to have me hear their angry cries of foul, in another language, if THEY DIDN'T EVEN EXIST IN THE COCKPITS OF THOSE 4 PLANES, EH?Of course, just think of all those EMT's on the ground, that heard the countdowns for the "pulling" of building #7, and knew full well, and right there, on the spot, that they were duped, and forced to remain silent, by the sheer overwhelming realization, that if any of them spoke out, about what they knew as truth, would surely cause them all to lose their jobs, careers, families, homes, even freedom, because if it was such a big inside job, in the first place, then they would be doomed, surely enough, if they didn't just keep marching in step with the official version?The most odd thing, in fact, is that there are people that have come out and are still alive and still able to speak out, and still have some jobs, like a few good teachers, still employed, etc., and that there are still bold newpaper boys that give press to these "conspiracy theories", etc., and there is almost a growing acceptance of such theories, in the public's mind, which really blows my mind.Just recall, of course, that the History Channel could ONLY have projected that Nostradamus "hit peice" in the first place, if they identified Isama as the "antichrist, and tended, on the surface, at least, to support the canned version that "we were duped" by these bearded ones. This, to me, is an excellent example of the "pesher" technique, of hiding truth between the lines, to use stealth, in fact, to get the story through the "radar" net of deception, for others to see, hear, and make their own conclusions.In other words, if they had been "conspiracy theorists" in their bent, their ideas, their ideals, or their conclusions, IT NEVER WOULD HAVE HAPPENED, and that's that.Just like many childrens' stories, like Alice, like the Wizard, like the Simpsons, and others-that have really good stories of political deception and tyranny, hidden behind loveable and not so loveable character portrayals-so that betrayals can be documented for later generations.Lets just hope that there are later generations, because we seem to be on a collision course with a bad destiny, judging by the accelleration of the ship of doom, and the apparent nearing of a collision point, eh?And thanks for listening, keep up the good work, of continuing to further visibility of the potential for a non-dominant and dissident viewpoint, which is always beneficial, without ever even judging the absolute "truth" of any particular viewpoint or the details contained therein. (And you might notice that I have never before even identified myself as having ideas on these subjects, so you might conclude that there is something special happening right now, in various spheres, to bring me to the place of coming out of some "closet" of silence on these things, eh?) Over and out. PAUL PETERSON
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Comment #20 posted by mayan on November 08, 2007 at 17:40:23 PT
That is VERY interesting. I read about the HC's hit piece and refuse to watch it. I have doubts about there being any arab hijackers on those planes. If there were any they had to be patsies to have batted a thousand that day. 9/11 Airport Surveillance Video: What's the Time? Security Courtesy of Marvin Bush:
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Comment #19 posted by paulpeterson on November 08, 2007 at 10:22:58 PT
Nostradamus apparently made a "picture book", back in the 1550's, apparently drawn by a young lad, maybe his son, Cesare, with really good symbols which are quite easy to "riddle" together. I saw it a week or so ago (Sunday & Tuesday on History Channel).The book was apparently given to a Cardinal, to place in the Vatican "collection", and get "buried" for 400 years, which sounds like something Nostradamus would do, to ensure that it would be protected and saved from the ravages of the Pope's warriors-hide it in the safest place possible, right under their thumbs. An Italian journalist found it quite by accident in 1994, and I'm sure it made quite a splash in the "expert" community, when 911 hit.The TV "psychics" opined that the 3rd "antichrist" was and is Bin Laden, (of course they would, it would be suicide to name the real culprit, in TV land, eh?). Do a google search-Chrystalinks has a picture of the 911 plate, I think.There is a revolving 8 plate visual showing a modern city, and 4 bird like projections flying in other frames. To the upper left, there is a hand appearing, through a sort of "prince's" crown (plain tiara, no jewels, like you would expect a "crown prince" to wear, maybe that guy starts with "CH", and he is manipulating the action with a crank. Next to him is a "peacock", which would translate to "it is all for show", next to that, a ROOSTER with a surprised look, like he just got COCKOLDED, sort of like the little Bush looked on Moore's 15 minute segment of the guy wondering who cold-cocked him on 911. To the right is a "knight templar" action figure, holding onto the tail of a lion (that would be the French King), who in turn, is holding onto a rope around a pope, that has a lion body, that is kicking Nostradamus, and now we are clockwise around to the lower left. There Ophiucus, is seen letting the snake start to ascend the wheel, but wait-the snake is noticing some trees over to stage left. Those would be the "trees in the garden of Eden", that Nostradamus has opined would be finally deciphered (ie: I know what the "tree of life" is, do you?).The 8 spoked wheel represents the "celestial cross" intersecting with the "mundane cross", and the magic date for the "end of time", is 12/21/12, which has some surprising numerology bits, don't it?A lot of the "plates" seem to show the Islamic crescent moon, which might have confused some wayward and Earthbound thinkers-but the "antichrist" is supposed to be a fake "peacemaker", which Bin Laden never has pretended to be-that would be the bird in the bush, eh?Stunning detail in this book of drawings. My favorite mistake, is where the "experts" noted that the "three crescent moon" symbols would be three "eclipses", but I think those are WAR BADGES OR PINS, which means we already have two pins pinned on the vest, and another one on deck-it is just surprising right now, that we don't know which Islamic nation is most likely to be the next invasion on the RISK BOARD, eh?I never gave Nostradamus even the slightest interest until now, since I thought he was all "wordy" and no picture, etc. But now, as of 10/9 or so, it now also develops that the Knights Templars were falsely convicted and murdered-not by the Pope, but by that Lion, that makes perfect sense for the picture of the day (911 that is). Oh yeah, Nostradamus was a Knight Templar, which makes that picture make perfect sense, after all.He also was a doctor, of herbology, and methinks he probably was well schooled in a certain green herb-which also makes perfect sense as to the means that he could employ to gain such perfect access to the "internet" of his day, if that makes sense here, eh?Sorry if this post got too detailed and long-winded, but I thought you might like to learn of these potential "confirmations" of some precognitions, of the event of all time. My guess is that the "bigboys" in Washington got wind of Bin Laden's plans, and then planted the explosives just so, and then when the planes were incoming, all of a sudden, the wacko pilots in control realized, at the last seconds, that THEY WEREN'T GUIDING THE PLANES INTO THE BUILDINGS, THEY WERE BEING AUTOPILOTED, to avoid any screwups, so the "splosives" would be detonated on cue, right smack dab where the planes were sent in. That would account for the weird ideations I might have had that day, about planes incoming, but angry shouting going on, in the cockpits-until this week, I couldn't for the life of me figure out what that meant or how it fit in. Cheney isn't so dumb after all, is he? He cockled both Bush and Bin Laden, at the same time, and except for a few "fringe" conspiracy types, most Americans still want to believe in mom, dad and apple pie-Oops, the leader is calling: Long live the leader, follow the leader. Over and out. PAUL PETERSON, Storm Lake, Iowa
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Comment #18 posted by whig on November 06, 2007 at 18:25:26 PT
Here ya go
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Comment #17 posted by whig on November 06, 2007 at 18:22:36 PT
Can you also confirm that George Bush was charged with drunk driving at some point?
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Comment #16 posted by FoM on November 06, 2007 at 14:50:54 PT
This Discussion Reminds Me of This Clip
I think this was from the first season of Weeds and mentions Mrs. Bush.
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Comment #15 posted by mykeyb420 on November 06, 2007 at 14:20:58 PT
too many https
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Comment #14 posted by mykeyb420 on November 06, 2007 at 14:19:45 PT
here it is
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Comment #13 posted by mykeyb420 on November 06, 2007 at 14:16:04 PT
laura did kill her boyfriend when she went through a stop sign and plowed into a car that just so happen to carry him. She was 17 and re-discovered religon,,and back in those days,,they ( the general public ) forgave her. Oh and by the way,, she was drunk.
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Comment #12 posted by Truth on November 06, 2007 at 08:59:29 PT
She did.
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Comment #11 posted by whig on November 06, 2007 at 08:45:51 PT
Didn't Laura Bush kill someone in a car accident? I'm not sure if she was drunk or not, but I'm pretty sure George was charged with drunk driving at some point too.
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Comment #10 posted by afterburner on November 06, 2007 at 07:31:34 PT
goneposthole 'Heavy-handed tyranny'
Excellent analogy!
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Comment #9 posted by goneposthole on November 06, 2007 at 05:09:05 PT
Heavy-handed tyranny
"History abounds with cases of employers found liable"Gary Ross is drug tested, fired, and apparently has no recourse.Former governor and congressman Bill Janklow of South Dakota was driving drunk, speeding, failed to stop at a stop sign, and killed a motorcyclist, yet he continues a law practice.He received a one hundred day sentence. A conservative is allowed to exploit the system of law. He had a clear advantage, he had a name that bought him some wiggle room.His employer, the US government, was somehow not liable.Seems to be some kind of double standard, a little hypocrisy. You can be somebody deemed important, drive drunk, kill a person, and not be punished.However, if you want to be employed, have some semblance of a healthy existence through the aid of medical cannabis, you're, in one way or another, subjected to unreasonable, harsh punishment.The Pacific Legal Foundation isn't interested in Bill Janklow's crime. He was just drunk. You're not liable when you kill a person when you're driving drunk. They're just interested in making life a living hell for somebody who wants to live his life without pain via the benefit of the efficacious nature of a natural substance, cannabis. That's what you call tyranny.
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Comment #8 posted by unkat27 on November 06, 2007 at 01:27:08 PT
Fascist Kapitalists: Fun with Firing
Fast Kaps are always looking for reasons to fire employees. Marijuana is just another one of those reasons that they like to have available. It is, after all, their decision. They don't have to fire an employee for marijuana-use, they just want to fire the guy, for whatever reason they can find, and in Ross's case, marijuana is it.Chances are good that tomorrow, they will completely ignore the fact that some other employee uses marijuana, if they prefer not to fire that employee also. An employee that gives sexual favors, for example, probly won't be fired for marijuana-use. That's how the fast kaps run things.
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Comment #7 posted by Hope on November 05, 2007 at 21:46:31 PT
It's not our job to "lighten up". It's our job to raise hell about it.:0)
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Comment #6 posted by The GCW on November 05, 2007 at 21:37:08 PT
Also at the Summit Daily News
This article is also at the Summit Daily News in Colorado's high country.Webpage:
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Comment #5 posted by goneposthole on November 05, 2007 at 20:00:27 PT
Lighten Up
Give the guy a break for gosh sakes.ibong... Another journalist -- the former editor of a famous Macintosh magazine -- said the Mac's engineers and programmers were always smoking weed."There were people out the back in the parking lot smoking pot all the time," said the editor, who also asked to remain anonymous. "The IBM PC was created by people who drank alcohol. The Mac was created by people who smoked pot."
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Comment #4 posted by charmed quark on November 05, 2007 at 18:24:32 PT
what insanity
Firing someone without any proof of impairment to aid in the federal jihad.What is really funny is that the standard pharmaceutical treatments for chronic pain can be WAY more impairing than cannabis. I quit taking the last one, Lyrica ( an "improved" version of a seizure drug, meaning it is very expensive) after I drove through a red light because I couldn't figure what it was for! Another one I took, Topamax, is nicknamed Dopamax due to its mental side effects.THC works better than these drugs without any significant mental side effects.
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Comment #3 posted by mayan on November 05, 2007 at 17:18:48 PT
Health Discrimination
If ever there was a crime! Ruining the livelihoods of the sick is way out of bounds. EVERY American should be outraged because it could happen to them someday.THE WAY OUT IS THE WAY IN...Is This 20-Year CIA Vet Crazy For Saying 9/11 Is a Probable Inside Job? NFL Star Latest To Question 9/11 Official Story: O'Reilly's Real Target is the 9/11 Truth Movement, Not the Foundation Funded "Loon Left": Truth Holidays! Change Final Cut – UK Preview: 9/11 Truth Confronts Howard Dean, David Bonior, Elizabeth Kucinich (video):'s Folly: Attempted 9/11 Hoax By Cambridge And The BBC Was A Failure: Haw: “9/11 was an inside job” (video):
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Comment #2 posted by FoM on November 05, 2007 at 14:50:21 PT
You said: If they can waive the laws for a handful of patients, they can waive them for all patients. I agree.
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Comment #1 posted by dongenero on November 05, 2007 at 14:45:53 PT
Irv Rosenfeld
Receives medical marijuana FROM the federal government AND he smokes it at work, outside and in the parking garage. He happens to live in a state without medical marijuana laws.Irv was profiled recently on TV, I don't recall the program. In the interview I'm thinking of, they traveled to work with Irv, saw his office, he smoked outside and in the parking garage. I believe he is also able to take his Federal Cannabis on airline flights.To then discriminate against State medical users is flat out wrong. Why should Gary Ross not have the medicinal herb he requires and maintain his job?Regarding state laws, the nay sayers always point to federal illegality and throw their hands up like....what can you do, the feds say it is illegal...trump etc.?
Well, the federal compassionate use program shows that if the government wants to make it happen they can. The laws are smoke and mirrors and not the barrier they are made out to be.
If they can waive the laws for a handful of patients, they can waive them for all patients.
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