Written by MMA Administrator
Here are two cases that will help answer the question of what rights an employee has regarding use of medical marijuana.
Washburn v. Columbia Forest Products. This case involved an employee, Robert Washburn, who was terminated from his employment at Columbia Forest Products after testing positive for marijuana. The plaintiff, Washburn, brought suit against his employer, claiming his termination was unlawful since he had an injury (ie, disability) and was entitled to workplace accommodations (ie, use of medical marijuana). In 2006, the Oregon Supreme Court ruled that Washburn's injury was not a disability under state law and that he was not entitled to employment accommodations. The court reasoned that he still had access to conventional prescription drugs and that his employer had no duty to accommodate his use of marijuana.
Ross v. Ragingwire Telecommunications. The plaintiff, Ross, was terminated from his employment at Ragingwire Telecommunications for testing positive for marijuana despite using the drug in compliance with California's Compassionate Use Act and a physician's recommendation. The California Third District Court of Appeals ruled that an employer may refuse to employ or may terminate any individual who uses marijuana, even under the recommendation of a physician. The court reasoned that marijuana is an illegal drug and the court has no legitimate authority to compel an employer to make accommodations for its use. This decision has been appealed to the California Supreme Court, although no ruling has been made to date. Thus, although a number of states may decriminalize marijuana for medical use, as long as federal law prohibits its use, individuals will have a difficult time relying upon the current legal system to protect them.
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