January 24, 2008
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Medical Marijuana
Gary Ross was fired from a telecommunications company after he flunked a company drug test.
Gary Ross had a medical marijuana card that authorized him to use marijuana to treat a back injury. But the California Supreme Court ruled that the use was illegal under federal law.
California voters voted to legalize medicinal marijuana use back in 1996. But the U.S. Supreme Court “declared in 2005 that state medicinal marijuana laws don’t protect users from prosecution.” Here is the link: Link
Do you think that a guy should be fired for using medical marijuana when the California voters voted to make it legal?
Comments (90)
If it works…
Nope.
(I hit submit instead of enter, sorry)
If it works and puts the guy out of pain, AND it’s legalized, then what’s the big deal?
nah. i feel bad for the guy. he’s in pain, man. how ould one of them feel if it happened to them?
Under federal law, it is illegal, and that was the court that tried the case, so it was illegal. Stupid thing that it’s illegal at all anyway… all making drugs illegal does is make matters worse. I’m so sick of the gov’t thinking we’re all idiots and that they have to regulate everything so that we won’t “hurt ourselves” … If people are stupid enough to do something that damages themselves, that’s THEY’RE problem, not the government’s! … okay, I’ll get off my horse…
he should be able to keep his job! I need some of that stuff.
Federal law still trumps state law.
Well, was he using during the job?? If he was high on the job then I would be uneasy for safety reason.
I’m no expert on drugs.. How long does it stay in the body system for it to show up on drug test?
Medical reason that is legal should have save him from being fired.
No. I think they should legalize it for medicinal purposes too. I know someone that had cancer years ago. Her doctor told her to go out and buy some. It really helped her. She’s better now.
Nope. The US Supreme Court needs to get over itself and let the states make their own laws about legalization of marijuana.
Nah, there’s worse than weed.
Like Creationism!
(I haven’t seen Kike around for awhile)
Technically yes. But I think if we can use medical morphine, we should be able to use medical marijuana. I’m all against recreational marijuana.
If it’s legal, they shouldn’t be able to fire him for it.
Of course not. It’s legal, it works, what the fuck is the problem?
I think everyone should smoke a little bud. People wouldnt be so angry if they did.
i guess it depends on if he’s allowed to be stoned at work- that might be a liability issue – he could end up unplugging the internet for the whole west coast and thousands of potential blog posts would be lost. and we can’t have that can we now?
If the company he works for does drug tests, the guy should have asked for a prescription for something besides weed. Ya know, something more acceptable to society and his employer, like Vicodan or Percocet! This guy sounds to stupid to be smoking weed. Seems to me he can’t afford to lose any more brain cells.
BTW I live in CA and see alot of people with the cards. There too easy to get. And I’ve got nothing against weed medicinal or otherwise.
Why should he be persecuted? Marijuana is a lot less harmful to your body system than, oh I don’t know, chemotherapy? but it does help to alleviate symptoms of many things. If people are allowed to have chemo with a doctor’s permission and work (which they should be able to, although I don’t know why they would want to!) then they should be able to smoke medicinal marijuana.
Pot is harmless. There are no safety issues for a telecommunications employee. Not only should marijuana be legal, it should be encouraged.
That is all.
No, that’s stupid. It’s not like he was doing so illegally- it was medical.
wtf? i failed a drug test for a job interveiw the other day, and they told me i had tested positive for a prescription medicine, and asked me to show them my prescription the it could be documented. i got the job offer.
it’s not illegal if you possess it legally. that makes no sense!
Congratulations, Federal Judicial Review!! ^_^
No
@Drakonskyr -
yeah- you’re right!
“2005″
No, I think we should tie Bush up when he is out of office?
And anally rape him till his ass drags behind him on the ground.
Then hang him from it.
I’d have to know the whole story about it. I find that weird that he didn’t know they had changed the law. The Dr should have told him or something. I just don’t know anything about the use of that stuff for medical purposes. I’ve heard different views, so I’m clueless on it.
Marijuana laws are pitiful.
You can take vicodin and come into work and everyone will just laugh about it. It is crap that he can’t take a drug that his doctor prescribed without being fired.
Blah blah blah. That’s dumb. States rights. The South will rise again.
Of course.
That is a horrid infringement on States’ Rights; they basically over ruled that states lawful decision. Now there are two laws on matter, so that now it is both legal and illegal to smoke medical marijuana in California. What the hell?
Why would California allow it if the Federal Government did not? Or… why wouldn’t the Federal Government allow it in California, if California already did so?
What happened to states rights? Give the guy his job back, at least he’s not in Oregon practicing physician assisted suicide – I’m pretty sure that’s worse than marijuana use for medical reasons, especially in a state that allows it.
The guy should not have been fired.
Smoking a joint in California should not be punishable by any measures. It’s fucking California!
No.
Yes
NOPE!!
No.
What I don’t understand that if its for personal use, and its sactioned by medical professionals, why there’s such a big deal about it. Now, if the company has a stern no-drug policy and the guy didn’t inform his superiors, then yes, he should be fired.
But if they don’t, its simply discrimination on medical grounds.
’nuff said…
ryc: you know, I’ve never seen that movie all the way through. One day I should sit down and watch it.
If on th same issue the state law and the federal law conflict, the federal law takes precedence. So the pot would be illegal under any use in Cali. So unfortunately, he did something illegal. Whether or not this should be the case, I don’t really know.
No way!!!!!!!!!
So many judges are so stupid.
Apparently, he is not breaking any laws, so I do not see the problem. I don’t understand the seemingly doubleness of the law?
Just to reply to a comment made: Pot is not harmless. It does have an affect on you and can change your perception of things around you. Driving should be avoided. Just sayin’ – been there, done that, don’t give people the wrong information. Oh, not to mention that smoking will ruin your lungs.
I was under the impression that only Federal Law could overturn State Law.
@MomGoneMadd - They’d still be angry… their reaction would just be delayed till after they ate all the food in the house…lol
Yes… the law states that it will not protect them from being prosecuted…
nope i had to take some marajuana for my back break
i dont understand why people do that
i think its grosss
it seems a minor issue what he does at home. i never support drug testing on the job unless there is reasonable precedence to believe that use has occurred while at work or work has been done while under the influence. if there is no evidence of on the job use/being under the influence what does it matter? and really, weed? lame.
States aren’t tiny countries within America, so yes.
First time i saw it, it looked like feces.. still does.
Nope
Plus, usage does effect a person’s ability to work efficiently and properly.. seriously, if i was running a company or whatever business.. i wouldn’t put up with that shit. Business are run by employees.. it would be nice if those employees were completely aware and alert instead of high and delusional.
NO
one of the reasons ron paul should get into office and abolish the stupid law that says its not…
I think the whole America has banned it, but individual states haven’t is a big issue that sucks. The debate is never ending and there really is no answer.
I don’t know which side to choose when it comes to the man with emdical marijuana, but my thought is, can’t they give him anything other than marijuana to treat his back pain? Pain pills or something less controversial and illegal?
I don’t think anyone should ever be punished for using any sort of drug unless they’re hurting themselves or someone else.
When I’m high, I don’t get the urge to drive or fire a gun in my (or anyone else’s) face. Drug laws are ludicrous.
@sammjane - There is an answer.
It’s called the decriminalization of marijuana, on a federal level. A few states have already seen the light.
@pnklace - Your personal feelings regarding the appearance of the Glorious Herb notwithstanding, highs only last for a few hours and he wasn’t showing up to work stoned. It didn’t affect his productivity at all. Who’s to say what we can do with our free time if what we’re doing does no harm to anyone? Gimme an F for Fascism.
wtf does LEGAL mean anymore…
poor guy. point of a medical marijuana card is the right to use it.
no. states rights should take precedent…
Not even for recreational use, unless it impacted on his work. Corporations dont own their workforce. Why do Americans put up with such intrusion into their private lives?
I believe the company can do whatever it wants.
If people have a problem with it, they can boycott the company and put them out of business.
Ugh… that’s so stupid. Either have a law that works, or don’t. It sounds here that even though the state law makes medical use ok the federal law overrides it, which means the state law should’ve been struck down ages ago rather than let people think they’re ok only to get f’d over later. Almost sounds like entrapment, even if it’s through neglect.
If he has violated the terms of his employment, then yes, he should be fired. The issue of whether or not pot is harmless is completely beside the point. It’s an employment issue. The Supreme Court ruling was pretty clear and supercedes the ruling of the lower courts.
Apparently voting to make it legal did not make it legal. It should be impossible for an initiative to exist when it can’t work, and I really don’t understand how this can happen. But the fact that it did just makes me respect the system less than I already do.
YES
Darn judge.
No.
YES!
It’s up to the employer.
Hmmmm……
I don’t think he should be fired,if it is legal. In fact, though I don’t use it myself, I would like to see it legal for everyone over 21.
a drug is a drug is a drug…alcohol is legal, so….
people should use medicinal marijuana at their discretion after work in the privacy of their own home and should not be transporting the stuff with them everywhere they go. that little card is carried by many who seriously dont need it.
i wouldnt want to hire a doper.
Yeah, I don’t know how dangerous pot really is, but whatever.
no I do not think he poses a threat to national security
Maybe the telecommunications company was just upset that he wasn’t using their marijuana vending machine in the break room.
Alcohol is legal, and you can be fired for showing up to work drunk.
And marijuana is still illegal under federal law, and a person can be prosecuted for it, in any state.
You know, it seems like the excuse is always back pain when people are abusing drugs (legal or illegal). I knew I had a good doctor when I went in with back pain and he DIDN’T give me heavy muscle relaxers or pain killers.
The government has been too harsh on marijuana. There are more possible positives than possible negatives (as far as I know, and I have written a couple of papers on the subject). Marijuana is less addictive than caffeine and has been shown to be an affective treatment for multiple medical causes including helping with appetite in cancer patients and reducing pressure behind the eyes in glacoma patients.
The employeer should take into consideration the medical use of the marijuana and the fact that he had a medical marijuana card, but a lot of places see it that if you let one person “get by” with it that others would think that they could as well. The company has its policy and they feel that it must be followed, which is understandable to a certain point.
If he was high at work, he deserved to be fired but only if his use of the drug prevented from functioning normally.
If federal law truly trumps state law, why is California allowed to allow the medical use of marijuana?
I can see both sides. It’s a very tricky issue.
@JimiRy – this is an interesting feature of xanga. Well, anyway… i was answering the question by stating what i thought.. didn’t know i asked for your opinion. I know you might have experience with weed, but that doesn’t mean that i haven’t. But can you give me some evidence? How do you know how long the effect of marijuana lasts? Doesn’t it depend on how much one smokes? So are you saying everyone in America uses only a teeny bit of hash during their own time and at least a few hours before work? And how do you know it isn’t hurting anyone? Hmmmmmm… there are a lot of holes in your argument, isn’t there? And if no one had a say in other people’s lives, then umm… there wouldn’t be any form of government. It’s really within perspective though. For example, some people see slapping kids is discipline, others say it’s abuse.
Basically.. don’t rebuttal my argument when i wasn’t talking to you in the first place, i was just answering the question. But if you really want to next time, try making a less flimsy argument so i could actually say, “hmm.. that’s a good point.” Like i really haven’t thought about your side, of course i have. I’m in high school, people are smoking shit all the time during breaks. Personally, I don’t care. But i’m talking about businesses and drug use. There are other ways to relieve back pain, why go straight to a federally illegal drug? Plus, it is a business and there was a reason to fire him. Isn’t it the business’ right to terminate their own employee if they feel that they should (in regards to non-discriminatory reasons)? So, in a way, you’re supporting fascism in this perspective.
Bye.
@pnklace - Ah, well, you were kind enough to message me privately as well, but I would like to add this: You put your comments in a public forum where anyone is free to read and respond to them. I will admit my use of the word “fascism” was entirely out of line and kind of a dick move.
I don’t know. Let me get back to you after I read over 300 years of supreme court precedent about states rights vs. federal powers. *starts reading*
No, that’s ridiculous.
No because he was using it legally.
ehh the law is rather sketchy…
however, have you heard the news that they now have marijuana VENDING MACHINES? 0-0
no
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I felt bad for the guy. However he’s in pain and he had a medical marijuana card to use it. And he used marijuana to treat his back injury.
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