Posted on 09/20/2002 5:56:11 PM PDT by chance33_98
Man Fired for Pot Use Plans Court Test of Medical Marijuana Law
A 40-year-old computer specialist from Sacramento is forcing a court test of a controversial state law allowing medical use of marijuana.
Gary Ross was fired when a drug test revealed he had recently used marijuana. Ross had worked at the $74,000 per year systems administrator job for only a week when he was dismissed.
Now he has filed suit against RagingWire Telecommunications, arguing that the marijuana had been prescribed by a physician as a means of relieving chronic back pain. Ross contends that the firing was illegal under the terms of a six-year-old California law allowing the use of marijuana as medicine. "I had gone through all the steps necessary to make sure it was perfectly legal," said Ross. "I don't know why they terminated me. I was very surprised."
RagingWire Telecommunications replied with a written a statement that said, in part, "Mr. Ross signed and accepted an offer for a position that required [full time] on-call availability. Mr. Ross failed to inform the company he was using marijuana for medicinal purposes prior to receiving his offer letter."
California courts must now decide if an employer can choose which medications are off limits. Ross said he doesn't really want to be the flag bearer for a cause. Instead, he said he just wants justice. "I don't really consider myself a test case," said Ross. "I just consider myself an employee who was wrongfully terminated."
Ross claims he tried nearly everything to relieve pain from a 20-year-old back injury before turning to marijuana. He finally tried the drug after his doctor recommended it. "It's been the best medication I've taken for my back since my injury," said Ross.
Ross said he could have avoided using marijuana in the weeks prior to his drug test, but felt that would be admitting he's doing something wrong.
Under California law, a physician can prescribe cannabis, correct? Should an employer be allowed to discriminate against employees because they are taking prescription medication that the employer does not approve of? "Hey boy, I done told you once you ain't gonna be doin that insulin crap on my watch."
In a perfect world,of course,freedom of association would be a respected tradition as well as being upheld by law. In a perfect world,people wouldn't be pointing guns at other people over recreational chemicals,or prescription medicines.
Not sure,but I think that Cal. Docs can recommend MJ,as opposed to prescribing it. If that's the case,a lot would hinge on the definition of "recommend." Also,was this gentleman informed prior to employment that he would be subject to testing?
Also those who condemn all consumption of alcohol forget that Jesus Christ Himself changed the water into wine, and Paul recommended a cup of wine for the digestion.
There is nothing wrong in the proper use or consumption of what gifts God has provided ; it is the ABUSE that is the problem.
Lastly, many , if not most, employers ask about health and medicinal history. Before condemning the man , all should realize that those medical question are used to negatively screen candidates. Persons who have suffered certain injuries, especially back injury, are quietly but most effectively discriminated against, in the fear that they will claim new injury and get monetary awards. It can actually be easier for an paroled felon to secure a new job through gov't/private programs than a person who has a chronic health problem
But then some might argue his company could fire him anyway for anything on anyday, so I am not sure it matters ;)
That said, he's working in the CIS field, smoking marijuana wouldn't really make him a liability unless he's smoking it on his way to work.
I had nights where I took upwards of 10 pills in an hour to control the pain, way above what I was supposed to take a day. I am better now, but had I known pot helped with pain I probably would have tried that as I can damn near frying my liver (my liver my liver!).
As far as I know, a crippling addiction to pain-killers is a prerequisite to being allowed on the fork-lifts. That's the UAW way, anyway, at least according to my mom, dad, brother, two sisters, uncle, next door neighbor and his family...
I don't have a problem with people being pot heads either, or employers deciding it is not something they want in their workplace - any more then they want alcohol in the workplace.
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