"Health & Medical News"

The California Supreme Court will decide whether an employer had the right to fire an employee for a positive drug test even if he was a registered medical-marijuana user, the Fresno Bee reported Nov. 5.

Gary Ross was fired from Ragingwire Inc., after testing positive for marijuana, even though he showed his employer a doctor’s recommendation that he use the drug to ease his back pain. California law allows medical use of marijuana, while federal law does not.

Ross filed a discrimination case against Ragingwire, saying he should receive the same protection in the workplace as other workers taking pain medications. However, two lower courts have sided with the company, basing their decision on the fact that marijuana remains illegal under federal law.

The medical-marijuana advocacy group Americans for Safe Access said cases like Ross’ are popping up in many states with medical-marijuana laws on the books, and advocates nationally are closely watching the California case. “It’s an extremely widespread problem,” said Joe Elford, the group’s attorney. “We’re advising everyone to go slow, encouraging them to wait for a decision by the Supreme Court.”

“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.”

Some major California companies have joined Ragingwire in fighting the case, citing their potential liability if a worker under the influence of marijuana is involved in an on-the-job accident.

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