California Medical Marijuana Employment Rights Bill Advances
Legislation Moves to Assembly with Committee Approvals, Union support
An ASA-sponsored bill that would establish employment rights for medical marijuana patients in California advanced through the state Assembly last month. With support from three unions representing nearly 1 million workers in California, AB 2279 passed through both the Assembly's Labor and Employment and Judiciary committees on party-line votes. The bill will be voted on next by the Assembly, before passing to the state senate and then the governor's desk.
The new employment rights bill prohibits discrimination against patients but leaves intact existing state law prohibiting medical marijuana consumption at the workplace and protects employers from liability by allowing exceptions for jobs where physical safety could be a concern.
California joins Oregon and Hawaii in considering laws to protect medical marijuana patients from employment discrimination.
ASA Chief Counsel Joe Elford
"We're grateful for the support of the state legislature in preserving the rights of patients to work and be productive members of society," said ASA Chief Counsel Joe Elford. "With the jobs of thousands of sick Californians hanging in the balance, we are hopeful that the full Assembly will act in similar fashion to the Labor and Judiciary Committees."
ASA lobbying for the bill helped garner the endorsement last month of the statewide California Labor Federation, Service Employees International Union (SEIU) and the American Federation of State, County and Municipal Employees (AFSCME), all powerful unions whose voices in defense of workers are listened to in California's capital. ASA also secured support from the National Lawyers Guild and several HIV/AIDS advocacy organizations.
Introduced in February by Mark Leno (D-San Francisco) and sponsored by ASA, AB 2279 is designed to rectify a January ruling by the California Supreme Court that found employers can fire patients for using medical marijuana, even when they are entitled to do so under state law. That landmark case, Ross v. RagingWire, was argued before the supreme court by ASA's Elford.
Gary Ross, speaking to the media
Assemblymember Leno and the other authors of California's Medical Marijuana Program Act (SB 420) had filed a 'friend of the court' brief in support of Gary Ross, the engineer who lost his job at RagingWire Telecommunications in 2001 after failing a drug test. Ross had told his employer that he used medical cannabis on his doctor's advice to treat injuries sustained during his military service, but RagingWire terminated him anyway.
The legislation that would reverse the Ross decision has moved quickly because Assemblymember Leno and ASA were prepared for an adverse ruling by the court, having begun drafting the bill last year. In addition to Assemblymember Leno, the bill's co-authors are Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego). More about the bill can be seen at www.AmericansForSafeAccess.org/AB2279.
ASA has received hundreds of reports of employment discrimination in California since 2005. Employers that have been accused of discriminating against patients include Costco Wholesale, UPS, Foster Farms Dairy, DirecTV, the San Joaquin Courier, Power Auto Group, as well as several construction companies, hospitals, and various trade union employers.
New Patient Bill in Congress
In other legislative news, a new bill to protect medical marijuana patients is also being considered in Washington, DC.
Representative Barney Frank (D-MA) introduced the "Medical Marijuana Patient Protection Act," HR 5842 last month. The act would change federal policy on medical marijuana in a number of ways.
It would reclassify marijuana to make it available by prescription and create a regulatory framework for the FDA to begin a drug approval process for marijuana. The act would also prevent interference by the federal government in any local or state run medical marijuana program.
The bill is co-sponsored by Representatives Maurice Hinchey (D-NY), Sam Farr (D-CA), Dana Rohrabacher (R-CA), and Ron Paul (R-TX).