California Labor &
Employment Law Blog

Oct. 2 2008

Schwarzenegger Vetoes Medical Marijuana Bill

Topics: New Laws & Legislation

Earlier this week, Governor Schwarzenegger vetoed a bill that would have provided certain employment protections to users of medical marijuana. AB 2279, sponsored by San Francisco Assemblyman Mark Leno, sought to overturn a recent California Supreme Court decision (Ross v. Ragingwire Telecommunications, Inc., 42 Cal.4th 920 (2008) holding that employers may lawfully terminate an employee who tests positive for marijuana, regardless of whether the employee claims the marijuana usage was medically prescribed. If the Governor had signed AB 2279 into law, employers would have been generally prohibited from firing or discriminating against applicants or employees for their use of medical marijuana. In vetoing the bill, Gov. Schwarzenegger indicated that he was concerned with interfering in employment decisions relating to marijuana use and that employment protection was not the purpose or goal of the 1996 ballot measure that legalized medical marijuana use in California.

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About the Editor

Robin Largent represents employers, including major food and retail companies, in all types of employment litigation: wrongful termination, retaliation, breach of contract, wage and hour (California Labor Code) and unfair competition. She also regularly counsels and advises California employers on issues of compliance with California and federal employment laws.
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