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California Medical Cannabis Bill Headed to Assembly Floor -- Bill Would Forbid Employers From Firing Based on Medi-Pot Status
NORML | 04/24/2008

Sacramento, CA: AB 2279, a measure that would protect Californians from being fired from their jobs for their state-licensed medical cannabis use outside of the workplace was approved by the Assembly Labor Committee in a 6-2 vote on April 17th. It will now head to the Assembly floor for a vote in the near future.

The bill, introduced by Assemblyman Mark Leno (D-San Francisco) seeks to reverse a January California Supreme Court ruling in Ross v. RagingWire that held that an employer may fire someone solely on the basis of their medical cannabis use during non-work hours. In that decision, the Court ruled 5-2 against plaintiff Gary Ross.

The measure would not change existing state law prohibiting medical cannabis consumption at the workplace, and would exempt safety-sensitive positions from the new requirements. Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldana (D-San Diego) are joining Assemblyman Leno in co-sponsoring this legislation.

"The California Supreme Court decision said that an employer may fire someone solely because they use medical marijuana outside the workplace," said Leno in a previous statement. "Long ago, the legislature prohibited patient use of medical cannabis in the workplace or during working hours. AB 2279 is merely an affirmation of the intent of the voters and the legislature that medical marijuana patents need not be unemployed to benefit from their medicine."

AB 2279 is supported by several nationwide organizations, including the Service Employees International Union, the American Federation of State, County, and Municipal Employees, and the National Lawyers Guild.

California was the first state to enact medical cannabis legislation following the passage of Proposition 215 via initiative in 1996, and expanded the program with the passage of SB 420 through the legislature in 2003.

Twelve states now have medical cannabis statutes on their books. Additionally, Michigan will vote on an initiative to adopt medical cannabis legislation this November. Minnesota and Rhode Island’s respective legislatures are also considering pro-reform medical marijuana legislation this year.

For more information, contact NORML Legal Director Keith Stroup at (202) 486-5500. Constituents in California can write their Assemblymembers in support of this bill at: NORML -- California Assembly Considers Bill to End Employment Discrimination of Medi-Pot Patients.

(BuzzNote: The problem I see with this legislation is that, if passed, it will conflict with rules the federal government has for its contractors requiring a "drug-free workplace". The feds would require that employers test and fire workers who test positive. California law would make that action illegal, putting employers in an impossible position. Federal contracts are responsible for a large segment of California's employment.)

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