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A recent California Supreme Court ruling held that an employer can legally terminate an employee who tests positive for marijuana – even when the employee has a prescription for medical marijuana use.

 

The ruling also affirmed the right of California employers to terminate employees, or refuse to hire applicants, who consume alcohol to excess.

 

Under the California Compassionate Use Act of 1996, residents in the state can legally use marijuana if it is prescribed by their doctor. Medical marijuana use is controversial, but proponents say it is highly effective in treating the nausea of chemotherapy, among other conditions.

 

The major conflict in Ross vs. Ragingwire Telecommunications, Inc. is that federal law prohibits possession of marijuana – even by medical users. So while possession of small amounts of “weed” for personal use is legal under a physician’s direction in California, it is not legal under federal law.

 

Essentially, the California Supreme Court ruled that a worker can be fired for violating federal law, even if what they are doing is legal under state law.

 

In this particular case, the plaintiff was prescribed marijuana by his doctor to relieve back pain. He tested positive for marijuana use, and was terminated. The employee supplied a note from his physician explaining the medical necessity, but the courts upheld the employer’s decision to terminate the employee.

 

A drug test showed that the employee was actually under the influence of marijuana at work.

 

The California Supreme Court justices argued that nothing in the Compassionate Use Act suggests that voters intended to interfere with the relationship between an employee and employer. They point out that workers are fired for many offenses which are not illegal under state law, including tardiness and poor performance.

 

Under California law, employers may require pre-employment drug tests, and take the use of illegal drugs into consideration when making employment decisions. This long-held right was affirmed in Loder vs. City of Glendale in 1997.

 

This ruling doesn’t apply to the use of other prescription drugs at work. The court points out that marijuana does not have the same status as prescription drugs because it is still illegal under federal law. So, while an employer may not terminate a worker for legal use of prescribed medication that does not interfere with performance, the employer is justified in terminating an employee for use of marijuana.

 

Under both federal and state law (specifically the California FEHA) an employer is required to make reasonable accommodations for employees with a serious health problem. However, this does not include tolerating the use of illegal drugs.

 

In a previous case, the California Supreme Court ruled that employers have the right to give pre-employment drug tests, and that they have the right to review test results without violating the California Confidentiality of Medical Information Act.

 

According to the court, when an employer engages in pre-employment drug screening, he or she is “seeking information that [was] relevant to its hiring decision and that it legitimately may ascertain.” The court determined that the employer’s interest was legitimate “in light of the well-documented problems that are associated with the abuse of drugs and alcohol by employees — increased absenteeism, diminished productivity, greater health costs, increased safety problems and potential liability to third parties, and more frequent turnover.”

 

The court also noted that the plaintiff failed to cite any authority indicating that an employer cannot reject a job applicant for using illegal drugs. The court also noted that an employer could legally reject an employee for excessive use of alcohol, as well.

The plaintiff’s argument that there was a fundamental state policy that permits workers to be under the influence of marijuana at work, was denied.

 

 

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