One of the most common questions I get from patients is whether or not having a medical marijuana recommendation protects them from being fired in the event they get drug tested. Currently in California employers can still use the argument that they can not allow their employees to use a drug that is illegal Federally… and subsequently can fire them.   THIS IS WRONG AND NEEDS TO BE CHANGED.  READ ON…

In January of 2008 the California rendered a decision regarding this exact scenario in Ross v Rangingwire Telecommunications Inc . where Ross was a legal medical marijuana patient.   Click this link to read about the legal analysis:

http://www.calemployeerightsblog.com/2008/01/24/employment-discrimination-against-medical-marijuana-users-is-legal-in-california/

I am not an attorney and am not going to attempt to digest and interpret the legal opinion of the judge but I will give you my opinion on the decision.

1.  A patient is protected from being fired for using ANY prescription medication.   A patient can legally take 10 oxycontin’s per day for pain and is protected from being discriminated against.   The patient taking 10 oxycontins per day is just as, if not more, impaired as someone who uses cannabis for pain.

Employers argue that they need to create a safe work place and not have workers impaired on the job.  I AGREE.  However in the majority of cases patients medicate on non-working hours.  I DO THINK THAT AN EMPLOYER HAS THE RIGHT TO FIRE SOMEONE IF THEY ARE REGULARLY IMPAIRED ON THE JOB.   Just as if someone came to work drunk, they should not come to work medicated if impaired.

2. If marijuana is being used as medicine then it should be viewed as medicine.  Period.   Employees should be protected from discrimination for using marijuana as a medicine.

3. Employers often argue you that they can’t allow something that is illegal Federally, even if legal in the State.   However, how many work places have company pools where employees bet on sport, sell boxes at the superbowl or have other types of gambling?   Gambling is illegal federally however they are allowing employees to bet.

4. Although I HATE comparing cannabis to alcohol in this case I think it is justified.   Employees can legally go out and get completely hammered… even at company events without having to worry about being fired.   How mush more unsafe is a drunk employee vs an employee medication with cannabis for chronic pain when they get home from work?   It’s a rhetorical question obviously.  There is no comparison.

Lastly, the Governator (Arnold) recently vetoed a law that would have provided legal protection when it comes to employment for medical marijuana patients.   MAKE SURE YOU WRITE YOUR CONGRESSMAN AND EXPRESS YOUR SUPPORT FOR WORKPLACE RIGHTS FOR MEDICAL MARIJUANA PATIENTS.

DR. BREEN!