(January 25, 2008) Yesterday, the California Supreme Court ruled that employers are not required to retain workers who test positive for marijuana use even if the drug is recommended by a doctor for medical reasons.

The case involved an employee who tested positive for marijuana and was dismissed by his employer. The employer, Ragingwire, Inc., believed the employee’s drug use left the company vulnerable to issues that could generate lawsuits. The employee claimed he was discriminated against and illegally fired because his drug use was authorized by his physician and he carried a medical marijuana card. His employer argued successfully – all the way to the California Supreme Court -- that all marijuana use is illegal because the drug remains banned under federal law.

In 1996, voters passed the "Compassionate Use Act,” making California the first state to legalize marijuana use for medicinal purposes. Enactment of the "Compassionate Use Act” instantly created controversy and uncertainty.  However, yesterday’s decision was clear. The court said that the act has nothing to do with employment laws.

Justice Kathryn Werdegar wrote, “Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions.” She further wrote, “Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and obligations of employers and employees." A previous decision in 2005 from the U.S. Supreme Court also held that state laws legalizing the use of marijuana for medicinal purposes do not protect users from prosecution.

Two other groups -- Santa Clara Valley Transportation Authority and the Western Electrical Contractors Association -- joined Ragingwire’s case and argued to the court that employers could lose out on government contracts and grants if employees were allowed to smoke marijuana. The Sacramento-based Pacific Legal Foundation also supported the employer’s position and offered this quote to the Associated Press:  “This decision promotes employer efforts to make safe, drug-free workplaces.” 
 
CalChamber has been actively engaged on this case for several months and plans to incorporate yesterday’s decision in its upcoming employer and manager training materials. Information on CalBizCentral’s product offerings can be found at www.calbizcentral.com

Staff Contact: Erika Frank