How To Pass A Drug Test For Marijuana Article 34 From Always Test Clean

In what may be a first since California voters passed the medicinal marijuana law six years ago, a Sacramento man is suing his former employer for firing him because he uses doctor-prescribed pot for a disabling back condition.

In a lawsuit filed in Sacramento Superior Court, Gary Ross, 40, is seeking more than $100,000 in damages from RagingWire Telecommunications Inc., a Sacramento-based information-technology firm.

"Californians have said medicinal marijuana is legal. Does an employer have the right to fire someone because they don't agree with the law? I don't think so," said Ross' attorney, Stewart Katz.

In a prepared statement, RagingWire's lawyer said Tuesday that the company is standing by its decision to fire Ross.

How To Pass A Drug Test For Marijuana

"RagingWire is committed to a drug-free work environment. RagingWire's customers, who entrust it with highly sensitive and confidential information, have similar commitments," said San Francisco lawyer Patrick C. Mullin.

"RagingWire is confident that actions taken in the enforcement of this policy are in compliance with both state and federal law," Mullin said.

Gerald Uelmen, a professor at Santa Clara University School of Law, disagrees.

"Just last month, the California Supreme Court said taking medicinal marijuana is as legal as any other prescribed medication. I can't imagine an employer telling an employee that 'I don't want you taking your prescription,' " Uelmen said.

The professor, who teaches a course dealing with drugs and the law, said he has not heard of any similar suits and that he thinks Ross may win in court.

In a 1978 New York case, a federal court held that a transit worker could legally take methadone, a narcotic used in the treatment of heroin addiction. That court said the drug prescribed by a doctor was like any other legally prescribed medication, Uelmen said.

Marijuana has been legal for certified medical use in California since 1996, but the drug remains illegal under federal law.

That has left state and federal officials clashing on several fronts.

"There are all kinds of settings in which this conflict will continue to come up," Uelmen said.

The suit alleges that the company offered Ross a job last year as a lead systems administrator. In accepting the position, he turned down a higher salary and selected a $74,000 annual salary with more stock options because he intended to have a long future with the company, the suit said.

Prior to taking a mandatory drug test for employment, Ross said, he provided officials with a copy of his physician's prescription for marijuana use. Ross suffers from lower-back strain and muscle spasms resulting from an injury in January 1983 while in the Air Force. He receives some disability payments from the government as a result of the injury, the suit said.

Katz said conventional pain relievers didn't always work for his client. Ross told RagingWire officials he would not smoke marijuana at work, nor would he come to work under its influence. He would smoke it at his home once every week or sometimes every three weeks, the lawyer said.

Shortly after being hired, RagingWire's board of directors met to discuss Ross' marijuana use, the suit said. Chief Executive Officer George Macricostas was the one who told Ross he was fired.

"This has nothing to do with job performance. I was wrongfully discharged because of my choice of medication. The doctor's recommendation was legitimate, the injury was real and now I am out of job," Ross said. He and his wife have two children, ages 19 and 16.

"What they told me was that they don't want drug users. They said they worried about what their customers would think," Ross said.

Source: Sacramento Bee (CA)

September 18, 2002 - How To Pass A Drug Test For Marijuana

Author: Ramon Coronado, Bee Staff Writer

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