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On Monday July 24, the Drug Policy Alliance filed an amicus (friend-of-the-court) brief in the California Supreme Court on behalf of leading public health organizations in the case of Ross v. Ragingwire Telecommunications, Inc.The brief supports the appeal of Gary Ross, a medical marijuana patientunder California's Compassionate Use Act, who was fired by his employerafter testing positive for medical marijuana he used during off-hoursin accordance with his doctorÂ’s recommendation for the treatment ofsevere pain. The outcome of the Ross case has the potential to affectthe ability of thousands of Californians suffering from debilitatingmedical conditions and chronic pain to effectively manage their healthcare while remaining active and productive members of the workforce.
Amici argue for the need for physicians and medicalprofessionals to work with patients to identify the best course ofindividualized treatment without repercussion (e.g., loss of theirjob), and outline the sound evidence that marijuana is medicallyappropriate treatment for chronic pain and other serious medicalconditions. Signatories to the brief consist of a powerful contingentof medical and public health organizations that represent a broad classof patient-employees. The organizations include the American PainFoundation, the American Medical Women’s Association, the LymphomaFoundation of America, the American Nurses Association, the CaliforniaNurses' Association, the AIDS Action Council, the National Women’sHealth Network, Doctors of the World – USA and the Gay Men’s HealthCrisis.
The case concerns Gary Ross, who treats his chronic pain and musclespasms from a military injury with physician-recommended medicalmarijuana.Â* Mr. Ross provided his company with his physicianÂ’srecommendation but was fired after eight days on the job because hetested positive for THC in a pre-employment drug test.Â* Mr. Ross filedsuit alleging wrongful termination but two lower courts sided with theemployer, holding that the company did not discriminate against Mr.Ross based on his disability and chosen treatment. The intermediateappellate court's opinion, which will be reviewed by the State SupremeCourt, focused largely on the illegality of marijuana under federallaw.Â* Drug Policy Alliance filed anÂ*amicus letterÂ*withthe State Supreme Court urging the Court to review the case andoverturn the lower court decision. Shortly after receiving the letter,the Supreme Court agreed to take the Ross case.Â* The Alliance thenprepared the amicus brief filed on July 24, 2006.Â* Joe Elford, theLegal Director for Americans with Safe Access (ASA), is co-counsel forMr. Ross in the California Supreme Court.
The AllianceÂ’s participation in the Ross case continues the work DPAhas undertaken for more than a decade to enact and implementCaliforniaÂ’s Compassionate Use Act.Â* At the heart of the Act is thecore principle that persons who can benefit from medical marijuanashould not be discriminated against for their use of a medicationnecessary to their health, and that public policy regarding medicalmarijuana should be grounded in science, reason, compassion and justice.
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