MEDICAL POT USERS CAN BE DISMISSED

SAN FRANCISCO (AP) -- Employers can fire workers found to have used
medical marijuana even if it was legally recommended, the California
Supreme Court ruled yesterday.

The high court upheld a small Sacramento telecommunications company's
firing of a man who flunked a company-ordered drug test. Gary Ross
held a medical-marijuana card authorizing him to use the drug to
treat a back injury sustained while serving in the Air Force.

The company, Ragingwire Inc., argued that it rightfully fired Mr.
Ross because all marijuana use is illegal under federal law, which
does not recognize the medical-marijuana laws in California and 11
other states.

The justices upheld that argument in a 5-2 decision.

"No state law could completely legalize marijuana for medical
purposes because the drug remains illegal under federal law," Justice
Kathryn Werdegar wrote for the majority.

The U.S. Supreme Court declared in 2005 that state
medicinal-marijuana laws don't protect users from prosecution. The
Drug Enforcement Administration and other federal agencies have been
actively shutting down major medical-marijuana dispensaries
throughout California over the past two years and charging their
operators with felony distribution charges.

Ragingwire said it fired Mr. Ross because it feared it could be the
target of a federal raid, among other reasons.

The Santa Clara Valley Transportation Authority and the Western
Electrical Contractors Association Inc. had joined Ragingwire's case,
arguing that companies could lose federal contracts and grants if
they allowed employees to smoke marijuana.

The conservative nonprofit Pacific Legal Foundation said in a
friend-of-the-court filing that employers could also be liable for
damage done by workers under the influence of marijuana.

Mr. Ross had argued that medical-marijuana users should receive the
same workplace protection from discipline that employees with valid
painkiller prescriptions do. California voters legalized medicinal
marijuana in 1996.

The nonprofit marijuana-advocacy group Americans for Safe Access,
which represents Mr. Ross, estimates that 300,000 Americans use
medical marijuana. The Oakland-based group said it has received
hundreds of employee discrimination complaints in California since it
began tracking the issue in 2005.

Safe Access attorney Joe Elford said the group will now focus on
urging the California Legislature to pass a law protecting workers
who use medical marijuana.

"Obviously, we are extremely disappointed by the ruling," he said.
"But we remain confident that there will be a day when
medical-marijuana patients are not discriminated against in the workplace."

Eleven states have adopted medical-marijuana laws similar to
California's: Alaska, Colorado, Hawaii, Maine, Montana, Nevada, New
Mexico, Oregon, Rhode Island, Vermont and Washington.

The American Medical Association advocates keeping marijuana
classified as a tightly controlled and dangerous drug that should not
be legalized until more research is done.