Employers' Termination of Medicinal Marijuana User Called Into Question
In September 2005, we reported on the California Court of Appeal's decision in Ross v. Ragingwire Telecommunications Inc., 132 Cal. App. 4th 590, finding that an employer may refuse to employ a person who is using marijuana in accordance with the Compassionate Use Act of 1996. (See, "Court Holds That A Company May Terminate A Medical Marijuana User," September 14, 2005.) However, on November 30, 2005, the California Supreme Court granted review of the case, rendering the prior decision invalid. As a result, employers are again left to question their rights and obligations under the State's disability accommodation laws versus the federal ban on marijuana use.
Continue Reading Questions & commentsCourt Holds That a Company May Terminate a Medicinal Marijuana User
On September 7, 2005, a California Court of Appeal, in Ross v. Ragingwire Telecommunications, Inc., held that a company may refuse to employ an individual because he or she is using marijuana in accordance with the Compassionate Use Act of 1996.
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