Ross v. Ragingwire Telecommunications, Inc., Supreme Court of California, No. S138130, January 24, 2008

Decision: State law permitting medical marijuana use does not require employers to accommodate medical marijuana use. An employee who uses medical marijuana can be held to the same performance standards as other employees. An employer may require pre-hire drug tests and can follow its policy regarding the consequences of a positive test for marijuana.

In this case, the plaintiff suffered from strain and muscle spasms. To obtain pain relief, he began to use marijuana on his physician's recommendation under the Compassionate Care Act.

He was offered a job as lead systems administrator by Ragingwire Telecommunications, and the company required the plaintiff to take a pre-employment drug test. Before taking the test, he gave the clinic a copy of his physician's recommendation for marijuana. After testing positive for THC, a chemical found in marijuana, he gave the company a copy of his physician's recommendation for marijuana and explained that he used medical marijuana to treat chronic pain. The company fired him because of his marijuana use.

The plaintiff argued that his disability and use of marijuana did not affect his ability to do the essential functions of the job he was hired for. He alleged that the company violated the Fair Employment and Housing Act (FEHA) by failing to make reasonable accommodation for his disability.

The Supreme Court ruled that the Compassionate Use Act does not give marijuana the same status as a legal drug, and FEHA does not require employers to accommodate the use of illegal drugs. Marijuana remains illegal under federal law, and a state law cannot completely legalize marijuana for medical purposes. In addition, the Act's history does not suggest that voters intended it to address the rights and obligations of employers and employees. Under California law, preemployment drug tests can be required, and an employer can take illegal drug use into consideration when making employment decisions.