Labeling Marijuana Use “Medical” Does Not Immunize California Employees from Employer Drug Policies: Ross v. RagingWire

The California Supreme Court issued an opinion on January 24, 2008 that should have employers (and perhaps a few constitutional scholars) breathing easier. In Ross v. RagingWire, the court decided whether an employer who discharges an employee for using marijuana violates the state Fair Employment and Housing Act (FEHA), or public policy, if the employee used the marijuana for medicinal purposes in accordance with California’s Compassionate Use Act. The court concluded in a five to two decision that an employer can discharge an employee who uses marijuana without violating FEHA or California public policy and that an employer, in implementing pre-employment drug tests, can take into consideration an applicant’s use of federally illegal drugs.