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Court Deals Blow to Patients' Access: Stop Workplace Discrimination Against Patients!

by Americans for Safe Access
*Court Deals a Blow to Patients' Access*
*Help ASA Stop Workplace Discrimination Against Medical Marijuana Patients!*
Dear ASA supporter,

California Assemblyman Mark Leno and Americans for Safe Access (ASA) are
moving quickly to protect medical cannabis patients from employment
discrimination in the wake of today's disappointing ruling form the
California Supreme Court. In Ross v. Ragingwire Communications, the
Court held that Proposition 215 does not prevent employers from denying
employment or firing a legal patient if he or she tests positive for
cannabis use.

Assemblyman Leno and ASA need your help to fight back against this
serious challenge to patients all over California! Donate today to help
us end patient discrimination and protect patients' jobs!


Anticipating the possibility of today's negative ruling by the CA
Supreme Court, ASA has been working with state lawmakers to develop
legislation that will protect patients' employment rights. Assemblyman
Leno's decision to introduce ASA-sponsored legislation http://safeaccessnow.org/downloads/leno_ross_release.pdf marks the
first step of a new phase in the battle to end patient discrimination -
but there is a long way to go.

ASA is bracing for a dramatic increase in calls for legal assistance and
advice, and we must now gear up for a tough campaign to educate
lawmakers and build grassroots support behind this crucial measure. We
count on your help to keep fighting for patients' rights. Please take a
moment to support ASA today!


ASA has been working on the Ross case for years and spent a tremendous
amount of time and resources bringing this case to the Supreme Court.
Gary Ross was fired for failing an employer-mandated drug test in 2001,
because he uses medical marijuana on his doctor's advice. "All I am
asking is to be a productive member of society," Ross told reporters
after the ruling. Gary Ross is not alone - Here at ASA, we receive calls
on our toll-free patient hotline every week from patients who are facing
similar dilemmas.

ASA is grateful that Assemblyman Leno has come to the aid of patients by
introducing a bill to prevent employment discrimination: http://safeaccessnow.org/downloads/leno_ross_release.pdf

We need help
from our supporters right now more than ever to help move this bill
forward. Please join ASA today and make your voice heard! Click here to
help http://www.AmericansForSafeAccess.org/Donate

Thank you for helping us defend the rights of Gary Ross and untold
thousands of legal medical cannabis patients!

Sincerely,


Don Duncan
California Director
Americans for Safe Access
------------------------------------------------------------------------

P.S. For more information, please see ASA's press release in response to
today's ruling: http://www.safeaccessnow.org/article.php?id=5428

Add Your Comments

Comments (Hide Comments)
by via CA NORML
Many thanks to Assemblyman Mark Leno for
promptly introducing a bill to rectify today's
decision by the CA Supreme Court denying
employment rights to medical marijuana patients.
- D. Gieringer, Cal NORML

FROM THE OFFICE OF CALIFORNIA ASSEMBLYMAN MARK LENO

For Immediate Release
Contact: Shannan Velayas (Leno): (916) 319-2013
Thursday, January 24, 2008

Leno to Introduce Medical Cannabis Patient Rights Bill
in Wake of CA Supreme Court Decision in Ross v. Raging Wire

SACRAMENTO, CA- In response to today's California
Supreme Court ruling in Ross v. Raging Wire,
Assemblyman Mark Leno (D-San Francisco) today
announced his plan to introduce legislation
protecting medical cannabis patients' right to
employment

"Today's California Supreme Court ruling strikes
a serious blow to patients' rights," stated Leno.
"In the coming weeks I will introduce legislation
that secures a medical cannabis patient's right
to use their doctor recommended medication
outside the workplace. Through the passage of
Proposition 215 in 1996 and SB 420 in 2004, the
people of California did not intend that patients
be unemployed in order to use medical marijuana."

In September 2001, Gary Ross, a 45 year old
disabled veteran, was fired for failing an
employer-mandated drug test despite informing his
employer in advance that he was using medical
cannabis outside the workplace under his doctor's
recommendation.

"All I am asking is to be a productive member of
society," said plaintiff Gary Ross. "I was not
fired for poor work performance, but for an
antiquated policy on medical marijuana. This
practice allows employers to undermine state law
and the protections provided to patients."

In 2006, Assemblyman Leno and the other
legislative co-authors of SB 420 filed an amicus
brief with the Court in support of Ross and
underscored that the legislature's intent was to
permit the use of medical cannabis outside the
workplace and that the Fair Employment and
Housing Act "generally requires accommodation of
medical cannabis use by disabled persons with
medical conditions."

The Leno bill to be introduced will be sponsored
by Americans for Safe Access (ASA), the largest
national member-based organization of patients,
medical professionals, scientists, and concerned
citizens promoting safe and legal access to
cannabis for therapeutic use and research. Joe
Elford is the Chief Counsel for ASA who argued
the case. "We are grateful that Assemblyman Leno
has come to the aid of patients by introducing a
bill to prevent the kind of employment
discrimination upheld by today's ruling."

The 2006 amicus brief can be found at:
http://www.safeaccessnow.org/downloads/ross_legislative.pdf

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