If this isn't an activist ruling, what is?
Not long ago, a Sacramento telcom firm fired an employee because he flunked a company-mandated drug test. The only reason he failed is that he had used medical marijuana - which is perfectly legal under California law (as I've had to point out a skillion times before). So he sued 'em to court!
This was just so clearly a case where the company was wrong and the employee was right - especially because the employee's marijuana use was legal to treat a back injury he had suffered during his Air Force service. He even had an official card and prescription authorizing him to use the herb. If you can't fire people for using other drugs they've been prescribed, then you damn sure can't fire people for legally using marijuana.
But now the right-wing California Supreme Court has said the law doesn't matter. In its 5 to 2 ruling, the court said the company was right to fire the man because federal law bans marijuana even for medical uses.
As the wine commersh with Orson Bean used to say: So??? California law allows it. Period. End of story. If the state's highest court won't even follow state laws, that's pretty sad.
The company's side of things was backed by Big Business and right-wing law groups like the Pacific Legal Foundation.
If state courts won't even follow state laws, letting an unelected federal regime boss them around, then the country's sunk.
(Source: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/01/24/financial/f101657S57.DTL&tsp=1;
http://cbs13.com/local/medical.marijuana.supreme.2.637002.html)
Thursday, January 24, 2008
Court lets employers fire workers over medical marijuana
Posted by Bandit at 5:26 PM
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