labor lawAdivision of labor law center

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.

  (more…)