California Supreme Court Agrees to Hear Medical Marijuana Case
Yesterday, the California Supreme Court granted review of the ruling of the Third District Court of Appeal in Ross v. Ragingwire Telecommunications, Inc. that held an employer did not violate California law for terminating an employee who used marijuana for medical purposes.
The lower court held that "[b]ecause the possession and use of marijuana is illegal under federal law, a court has no legitimate authority to require an employer to accommodate an employee's use of marijuana, even if it is for medicinal purposes and thus legal under California law." The court continued, "If FEHA is to be extended to compel such an accommodation, that is a public policy decision that must be made by the Legislature, or by the electorate via initiative, and not by the courts."
Cal Labor Law will provide updates on the status of the appeal.