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veggie

Registered: 07/25/04
Posts: 17,504
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Calif high court considers whether medical pot users can be fired
#7600196 - 11/05/07 08:32 PM (16 years, 2 months ago) |
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Calif high court considers whether medical pot users can be fired November 5, 2007 - AP Wire
When his new boss at Ragingwire Inc. ordered Gary Ross to take a drug test, the recently hired computer tech had no doubt the results would come back positive for marijuana.
But along with his urine sample, Ross submitted a doctor's recommendation that he smoke pot to alleviate back pain — a document he figured would save him from being fired. It didn't, however, and Ross was let go eight days into his tenure because the company said federal law makes marijuana illegal no matter the use.
On Tuesday, the California Supreme Court is due to hear Ross' case, the latest example of the intensifying clash between federal and local authorities over marijuana use.
Ross, 45, contends that Ragingwire discriminated against him because of a back injury and violated the state's fair-employment law by punishing him for legally smoking marijuana at home.
He says he and others using medical marijuana should receive the same workplace protection from discipline that employees with valid painkiller prescriptions do. California voters legalized medicinal marijuana in 1996.
Eleven other states, including Alaska, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington state, have adopted similar laws and many are now grappling with the same sticky, workplace issues over drug use by employees smoking medicinal marijuana approved by doctors.
In Oregon, for instance, two competing bills on the issue died in that state's Legislature this year.
The nonprofit marijuana advocacy group Americans for Safe Access, which is representing 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 first began tracking the issue in 2005.
"It's an extremely widespread problem," said Joe Elford, the group's chief lawyer. At least one other similar workplace lawsuit has been filed in the state, but Elford has been advising the aggrieved to first file complaints with the state's Fair Housing and Employment agency. The agency issues "right-to-sue" letters after investigating complaints, giving a person up to a year to file a lawsuit.
"We're advising everyone to go slow, encouraging them to wait for a decision by the Supreme Court," Elford said.
Several national medical organizations and disability rights advocates have filed friend-of-the-court papers urging the Supreme Court to rule in Ross' favor.
Ross, who lives in Sacramento, said he permanently injured his back in 1983 while serving as a U.S. Air Force mechanic. He said it wasn't until 1999 that he found true pain relief with marijuana, though scientists are still split on the drug's effectiveness.
The American Medical Association advocates keeping marijuana classified as a tightly controlled and dangerous drug that should not be legalized until more research is conducted.
"I think I'm standing up for everybody else," Ross said. "My motivation is that I don't like to lose and that medical marijuana is effective."
So far, though, Ross has been losing.
Two lower courts have sided with Ragingwire's decision to fire Ross because federal law holds that marijuana is illegal in all guises.
Five current and former Democratic state legislators who argue that the lower courts misinterpreted a law they helped pass that banned smoking of medicinal marijuana at the workplace. The lawmakers said nothing in their law prevents employees with medical marijuana cards to smoke outside the workplace.
The lawmakers wrote that the state's fair employment law and the 1996 Compassionate Use Act legalizing medicinal marijuana, "authorize and protect the use of medical cannabis by employees away from the workplace and during nonbusiness hours, as exemplified by plaintiff-petitioner Gary Ross, and that the court of appeal's decision erred in concluding otherwise."
Employers are fearful of falling productivity and that they open themselves to the wrath of federal officials, who are armed with a 2005 U.S. Supreme Court decision declaring that state medicinal marijuana laws don't protect users from criminal prosecution.
Ragingwire marketing chief Doug Adams declined to comment on the case.
Ragingwire, a small telecommunications company in Sacramento, has been joined in the Supreme Court by powerful corporate interests such as the Santa Clara Valley Transportation Authority and the Western Electrical Contractors Association Inc., who said companies could lose federal contracts and grants if they allowed employees to smoke pot.
The conservative nonprofit Pacific Legal Foundation said in a friend-of-the court filing that employers could also be liable for damage done by high workers.
"History abounds with cases of employers found liable," the Sacramento-based foundation wrote, "because their employees were driving vehicles, operating heavy equipment or otherwise performing tasks made more dangerous by their being under the influence of alcohol or drugs."
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Calif high court considers whether medical pot users can be fired [Re: veggie]
#7601565 - 11/06/07 08:11 AM (16 years, 2 months ago) |
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I hate the falling productivity claim. How about you pay someone based on an objective measure of their preformance, or fire those that aren't preforming at levels others are?
I hate this bullshit reasoning. If someone can't do their job, fire them.
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EntheogenicPeace
Scholar



Registered: 10/04/05
Posts: 3,926
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Re: Calif high court considers whether medical pot users can be fired [Re: veggie]
#7602385 - 11/06/07 12:07 PM (16 years, 2 months ago) |
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Edited by EntheogenicPeace (12/31/21 08:25 PM)
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Cowgold
Bullshit


Registered: 04/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: EntheogenicPeace]
#7602755 - 11/06/07 01:45 PM (16 years, 2 months ago) |
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Response to the story:
I hope for the significance of this case that Mr. Ross wins, but I think it's unfortunate for ragingwire to be the business that's caught up in this. In business, liability exceeds the law in some cases. They were acting on their interpretation of the law.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7602760 - 11/06/07 01:47 PM (16 years, 2 months ago) |
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Why is federal law a question? They're suing under state law, and even if they were suing under ADA or other federal claims, the state common law governs all issues relevant to it.
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Cowgold
Bullshit


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Re: Calif high court considers whether medical pot users can be fired [Re: johnm214]
#7602817 - 11/06/07 01:59 PM (16 years, 2 months ago) |
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Federal law is in question because that state is in the U.S. State vs. Federal has been a long standing issue and this is just one of the faces of that issue.
Mr. Ross is suing on his interpretation of state law and Ragingwire's defense is based on their interpretation of federal law.
I will say that Ragingwire shouldve been privy to the fact that firing Mr. Ross for his use of medical marijuana is a political hot potato that could land them in a court room. I'm wondering if Ragingwire's upper management are idiots or just some anti-drug crusaders.
OT: The bias of some people just makes them retarded.
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EntheogenicPeace
Scholar



Registered: 10/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7604119 - 11/06/07 06:58 PM (16 years, 2 months ago) |
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Edited by EntheogenicPeace (12/31/21 08:25 PM)
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Cowgold
Bullshit


Registered: 04/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: EntheogenicPeace]
#7605010 - 11/06/07 10:10 PM (16 years, 2 months ago) |
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Spare us the tune in and drop out BS.
The courtroom and voting booths will eventually reflect the benefits of medical marijuana.
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EntheogenicPeace
Scholar



Registered: 10/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7607343 - 11/07/07 03:08 PM (16 years, 2 months ago) |
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Edited by EntheogenicPeace (12/31/21 08:26 PM)
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Cowgold
Bullshit


Registered: 04/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: EntheogenicPeace]
#7607417 - 11/07/07 03:26 PM (16 years, 2 months ago) |
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This conspiracy of the wealthiest 1% trying to hold the poor down is just stupid.
Your second argument:
State vs. Federal...
I'm for legalizing not just medicinal marijuana, but marijuana in general. That being said, I don't let my personal opinions on marijuana cloud my rational with bullshit conspiracies about what the 'true' agenda of marijuana's current legal status is.
1% blaming the rich guys is just too easy. Get a little more creative. And by creative I don't mean crazy.
The legal system is faulty, but it does eventually work. Voteing and the court room is where our rights are found.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7607652 - 11/07/07 04:25 PM (16 years, 2 months ago) |
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Just keep on believing that dream Cowgold. You'll wake up someday.
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Cowgold
Bullshit


Registered: 04/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: fastfred]
#7608778 - 11/07/07 08:40 PM (16 years, 2 months ago) |
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Which part of what I said is supposed to be the dream?
That the rich man isn't trying to hold the poor man down? That our democratic society will outlive any marijuana prohibition? That voting works?
There just seems to be a lot of posts about some underlying plot for why pot is illegal in the first place. Some posts talk about some very possible reasons, but the rich man trying to hold the poor man down? Give me a break. That's just radical and out of left field. Completely unrelated as far as any serious debate is concerned. And hopefully Mr. Ross' attorney has enough sense to agree.
One illegitimate reason is, according to the federal gov., there's no medical uses for marijuana? 11 states disagree creating a shit load of Gray area. Grey area that will be sorted out in the court system.
If you think that the voting system is a dream, then I say 11 states disagree. If you say the court system is a dream, then I hope like hell the California high court disagrees.
Nowhere in any of my posts did I say anything about the economical impact of legalizing.
If blaming someone makes you feel better, then you're better off placing your blame on the pharmaceutical companies (who coincidentally only make a small fraction of the rich 1%. ) They'll make more from synthetic drugs than a natural wonder plant. Now who do you think has the most lobbyists involved currently? At least focus on the right people instead of grouping anyone who's rich in with the bastards.
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EntheogenicPeace
Scholar



Registered: 10/04/05
Posts: 3,926
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7608967 - 11/07/07 09:32 PM (16 years, 2 months ago) |
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Edited by EntheogenicPeace (12/31/21 08:28 PM)
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Calif high court considers whether medical pot users can be fired [Re: EntheogenicPeace]
#7609659 - 11/08/07 12:54 AM (16 years, 2 months ago) |
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holy shit... I'm agreeing with EntheogenicPeace here... that's rare :-)
didn't read your last post though, maybe tomorrow
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Cowgold
Bullshit


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Re: Calif high court considers whether medical pot users can be fired [Re: EntheogenicPeace]
#7610239 - 11/08/07 08:55 AM (16 years, 2 months ago) |
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I have made no arguement denying that there are those that stand to profit from marijuana being illegal. It's quite obvious that people are profiting from it being illegal. Which is why I made a point to mention a current industry that stands to gain from it being illegal, the pharmaceutical industry.
Dupont is one particular business that has in the past directly gained from it being illegal. Dupont has created all kinds of synthetic products that would have competed with products derived from marijuana. Now I don't even know if Dupont's current products would even be greatly threatened by marijuana these days. Really, that's an arguement I don't care to involve myself with because I don't give a damn about DuPont's products.
One thing you seem to completely miss with my posts is that I am simply stating that: yes, pharmaceutical companies make up an incredibly rich industry with lobbyists fighting for what they want. Dupont is an incredibly rich and powerful corporation also with lobbyists fighting for what they want. Every major industry has lobbyists fighting for what they want.
One of my arguments is that the field these lobbyists are fighting on is at our voting and in our courts. These lobbyists fighting lobbyists. Swaying political interpretation what should be the law. If you think we should be fighting through a different medium, then do it.
My other argument is that the pharmaceutical industry and corporations like DuPont are very very wealthy and are a part of the rich 1%. A small fraction of the 1% mind you. An us against them (poor against the rich) attitude makes you seem rightfuly angry, but mostly ignorant.
Your other arguments about prisons and all that you have no opposition from me. Before you get all excited and jump on the first person who doesn't agree with your biased view against the rich, actually listen to what I say. Seems like you just wanted someone to sharpen your debate on this subject.
Money very well is at the root of why it has become illegal and why it remains, but I tell you if anything is going to make it legal it will be money.
Edited by Cowgold (11/08/07 09:03 AM)
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EntheogenicPeace
Scholar



Registered: 10/04/05
Posts: 3,926
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7620547 - 11/10/07 11:04 PM (16 years, 2 months ago) |
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Edited by EntheogenicPeace (12/31/21 08:29 PM)
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Cowgold
Bullshit


Registered: 04/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: EntheogenicPeace]
#7620804 - 11/11/07 12:34 AM (16 years, 2 months ago) |
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I'm not even sure of the point you are trying to make. Sounds like you hate people with money. That because they have money they must like everything the way it is. I don't know and don't care think, but I would like to see Mr. Ross win.
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EntheogenicPeace
Scholar



Registered: 10/04/05
Posts: 3,926
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7621747 - 11/11/07 11:51 AM (16 years, 2 months ago) |
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Edited by EntheogenicPeace (12/31/21 08:30 PM)
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Cowgold
Bullshit


Registered: 04/04/05
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Re: Calif high court considers whether medical pot users can be fired [Re: EntheogenicPeace]
#7625781 - 11/12/07 01:48 PM (16 years, 2 months ago) |
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If you ever get a little bit of money, you will realize that people act like you are somehow responsible for everything now. It's like you have a bullseye on your back with even your friends taking a shot. Money doesn't change you as much as people change toward you.
Simply put: Money shows you the nature of others.
BTW, Are you an American? There are many people around the world who feel that we are causing the suffering and repression of their citizens and at the cost of their environment. Where should a person draw the line? Do we draw this line so that we're not hypocrites?
Things do change and right now there may not be as much to be made from legalizing MJ, but there will eventually be a market for it. What you say isn't possible is simply put: an opinion. A very closed minded opinion.
This debate we're having has nothing to do with California's high court or Mr. Ross.
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EntheogenicPeace
Scholar



Registered: 10/04/05
Posts: 3,926
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Re: Calif high court considers whether medical pot users can be fired [Re: Cowgold]
#7626742 - 11/12/07 05:01 PM (16 years, 2 months ago) |
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Edited by EntheogenicPeace (12/31/21 08:31 PM)
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