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Calif. Patients, Lawmakers Push for Worker Protections, Court Says Medical Marijuana Law No Protection for Patient Employment California legislators are working with Americans for Safe Access to clarify employment protections for patients under the state's medical marijuana law. The new legislation -- sponsored by ASA and offered by Assemblyman Mark Leno -- would guarantee medical marijuana patients the same employment protections as those enjoyed by people who use other prescribed medications. The action comes in response to a 5-2 ruling by the California Supreme Court that said employers can fire those who fail drug tests for marijuana even if the employee is qualified to use the drug under state law. The case, Ross v. RagingWire, had been argued by ASA Chief Counsel Joe Elford, who said that the Compassionate Use Act (Prop. 215) and the Medical Marijuana Program Act (SB420) should prevent employment discrimination against medical marijuana patients. Assemblyman Leno and all the other legislative authors of the Medical Marijuana Program Act filed a brief with the court to that effect, saying their intent was to guarantee civil protections for Californians who use medical cannabis, and that the Fair Employ-ment and Housing Act "generally requires ac-commodation of medical cannabis use by disabled persons with medical conditions." The Court thought otherwise, ruling the state legislature had not adequately clarified employment rights of medical marijuana patients, despite the amicus brief. In the dissenting opinion, Justice Joyce Kennard said the Court"has seriously compromised the Compassionate Use Act, denying to those who must work for a living its promised benefits." Within hours of the ruling, Assemblyman Leno announced his intentions to introduce legislation that would restore those protections, which he had been working on with ASA in the weeks preceding the decision. "Today's California Supreme Court ruling strikes a serious blow to patients' rights," Leno said in a statement released that day. "In the coming weeks I will introduce legislation that secures a medical cannabis patient's right to use their doctor recommended medication outside the workplace. Through the passage of Proposition 215 in 1996 and SB 420 in 2004, the people of California did not intend that patients be unemployed in order to use medical marijuana." The case stems from the 2001 firing of Gary Ross, a 45-year-old systems engineer whose doctor recommended cannabis to treat a back injury suffered during his military service. Despite that, Ross was terminated by RagingWire Telecommunications for testing positive for marijuana. The company said it would not make an exception for medical use, even if it was away from the workplace "All I am asking is to be a productive member of society," said Ross. "I was not fired for poor work performance, but for an antiquated policy on medical marijuana." Ross filed suit after he was fired, arguing that RagingWire illegally discriminated against him because of his condition. After both superior and appellate courts ruled against Ross, ASA appealed to the California Supreme Court on his behalf. ASA has received hundreds of such reports from across California since it began recording instances of employment discrimination in 2005. Companies that have either fired patients, threatened them with firing, or denied them employment include Costco Wholesale, UPS, Foster Farms Dairy, DirecTV, the San Joaquin Courier, Power Auto Group, as well as several construction companies, hospitals, and various trade union employers. Further information, see ASA’s website at: www.AmericansForSafeaccess.org/Ross.

Leap on the Hill From Master to Howard (the grasshopper): A staffer sat next to me at a large table in the Senate restaurant and somehow we engaged in conversation. The conversation turned to the budget deficit swelling in 2009 (as proposed by Bush to rise to about 400 billion). That number in light of the push in Congress by the police lobby for an emergency appropriation of 1/3 of a billion to arrest local drug dealers (Byrne Grant). The wise staffer helped me to understand the Congress saying, “The longer you stay here, the less sense it makes.” Ah soooo.* Now I understand???? Hope was crushed by politics: The ‘other’ paper in DC this week, the Washington Times published a report that Senator Obama was ready to change simple marijuana possession a non-criminal act (civil infraction), i.e. no jail time possible. As some in reform were about to get excited, his campaign said his 2004 statement in no longer his position. Shucks.** Nonetheless, I have prepared a short memo on the topic. Acting on advice from an experienced colleague in marijuana prohibition, I will wait a month and then drop it off to Obama’s aid that I met last fall. I do my best work at night: A good friend and lobbyist in Trenton, New Jersey threw a party this week in DC and invited Karen and me. At one of the nicest steak houses in town I broke bread with several state senators and a House Delegate (who was a just-retired police officer). Bob had me meet a man who after learning of LEAP, hustled*** me over to his friend, the Chief of Staff of one of the most powerful men in NJ House. Three minutes later he said I must spend some time with his VIP boss, to describe LEAP, its mission and its resources. Karen spoke at length about LEAP to the retired cop turned politician. Besides the fabulous food and drink, much was accomplished. Though it was a ‘school night’ (Thursday), Karen was a valuable ally for LEAP. BTW, she was NOT wearing her now famous t-shirt, rather business clothes befitting a CPA. LOL