Man Fired for Pot Use Plans Court Test of Medical Marijuana Law

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[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.

[Ramius]

Dunno about pain relief, but the nausea suppression effects are pretty well documented.

[FreePaul]

Jesus Christ Himself changed the water into wine

That was just grape juice, don't you know? I got kicked out of Sunday school class many years ago for asking how they kept it from fermenting.

[HairOfTheDog]

Yes... Pot is absolutely the wrong drug for pain, IMHO, and this guy, and his doctor are full of it if pain is the reason. Pot turns UP the physical senses... not down.

[rb22982]

It's in the blood for a long time and if ANYTHING happens to anyone else while he is on the job, the company he works for is so screwed! Lawsuits up the gazoo!

It's in the blood but it doesn't have any effect for any time length longer than blood, and how is anyone else going to get hurt from him. He's a system administrator. You know what that involves? He won't be putting anyone in danger, even if he was stoned. Of course driving to work stoned wouldn't be safe at all.

[HairOfTheDog]

Certainly....

But his prescription is said to be for chronic back pain.

[Dakmar]

That is really quite a bit different. Opiates rob people, at least me, of finer sense and sensability. That time I broke my arm, for instance, was also the only time I thought Tim Allen was funny. Vicodin.....the miracle drug! Or SOMA, yeah, shut up and take yer SOMA!

[rb22982]

Oops

Should read..... It's in the blood but it doesn't have any effect for any time length longer than blood alcohol...

[Ramius]

It's in the blood for a long time

Two hours is a long time? Hell, an evening of beers takes longer for the head to clear than that.

[A CA Guy]

If he is coming home from work and has a car accident that kills someone!
They check the blood and find the pot.
He just came from work and it could be assumed he was using at work.
Work is clueless, but have just been added to a lawsuit because they have deep pockets with their insurance.

[A CA Guy]

Keep dreaming of a White Christmas!

[hoosierham]

Sounds like more "adults" who can't handle the truth, and despise little children who ask uncomfortable questions. My view is that parents and other adults need not LIE to children but can keep explanations simple and appropiate to the child's age and development.

The drawback is that this requires the adults to use their brains for something other than the latest sports news or other trivia, which is a definite strain on unused mental muscles.

[A CA Guy]

Not the same at all!

[rb22982]

I'm not talking about him smoking pot on the job, genius. And there is no way they could tie the business to that, or even now many businesses would be liable for that. Besides there aren't many pot DUIs, almost all DUIs that cause deaths are alcohol related.

[HairOfTheDog]

He is a system administrator, not a backhoe driver. His mistakes lead to deleted documents and poorly installed applications, not serious injuries!

[Ramius]

The bigger question is why a computer networking company is bothering with such tests at all. Stupid. Unnecessary.

If somebody is abusing drugs, or their recreational chemistry is affecting work performance, that's easy to see without peeing in a cup. Job performance is the only criteria that matters. Anything else is just nonsense.

[rb22982]

Not the same at all!

What?

[A CA Guy]

Anyway, have a good night. I'll check back later. I'm off for chow. Hope you both have a great time.

[A CA Guy]

They do blood tests in an accident where people are hurt bad.
Pot comes up, and if driving home from work they could find themselves in a lawsuit because of deep pockets.

[HairOfTheDog]

True enough....

Hmmm.... Very conflicted about this. I personally think this particular medical prescription is bogus, and the drug is otherwise against the law. I wouldn't want to work there.... But I suppose they have that right!

[rb22982]

That is not true, what you say can already occur today and there is no case or precedence for it. The only way that is possible is it was allowed to be smoked at work. That same logic would put gun makers at fault for gun whackos, same with knives, etc.