Although California has one of the oldest medical marijuana laws in the country and its marijuana/pot industry produces 14 billion dollars in revenues, the use of medical marijuana in the workplace is not without complications in that state.

This summer, in a case entitled Ross v. Raging Wire, the Supreme Court of California concluded that an employer could discharge an employee qualified as a patient under its medical marijuana laws because the patient/employee’s urine was positive for marijuana.  In that case, the employee/patient suffered from chronic back pain and decided to use marijuana dispensed from a sanctioned facility,  instead of some more potent drug like Percocet.  When his urine test was positive for marijuana, he was discharged.  The case found its way to the Supreme Court to determine whether the employer’s right to terminate an employee was trumped by the state’s Medical Marijuana Law. Unfortunately for the proponents of the law, the employer’s position was sustained by the Supreme Court.

As a result of this decision, there has been a movement to amend the statute to prevent workplace terminations where the employee is a qualified patient through the state’s medical marijuana law.