top
California
California
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

California Assembly Votes to Protect Medical Marijuana Patients' Right to Work

by Americans for Safe Access
*California Assembly Votes to Protect Medical Marijuana Patients' Right
to Work
*/Anti-discrimination bill AB2279 passes State Assembly Today/
*PRESS RELEASE
Americans for Safe Access
For Immediate Release:* May 28, 2008

*California Assembly Votes to Protect Medical Marijuana Patients' Right
to Work
*/Anti-discrimination bill AB2279 passes State Assembly Today/

*Sacramento, CA* -- A medical marijuana employment rights bill, which
would protect hundreds of thousands of medical marijuana patients in
California from employment discrimination, passed the State Assembly
today. AB2279, introduced in February by Assemblymember Mark Leno (D-San
Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka),
Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), would reverse
a January California Supreme Court decision in the case /Ross v.
RagingWire/. Support for the bill has been widespread, coming from
labor, business, and health groups at the local and national level.

"The California Assembly has acted to protect the right of patients to
work and be productive members of society," said Joe Elford, Chief
Counsel with Americans for Safe Access, the medical marijuana advocacy
group that argued the case before the Court and is now a sponsor of the
bill. "The State Senate now has the important task of passing this bill
with the aim to protect the jobs of thousands of Californians with
serious illnesses such as cancer and HIV/AIDS."

The bill leaves intact existing state law prohibiting medical marijuana
consumption at the workplace or during working hours and protects
employers from liability by carving out an exception for
safety-sensitive positions. "AB2279 is not about being under the
influence while at work. That's against the law, and will remain so,"
said Mr. Leno, the bill's author. "It's about allowing patients who are
able to work safely and who use their doctor-recommended medication in
the privacy of their own home, to not be arbitrarily fired from their
jobs," continued Mr. Leno. "The voters who supported Proposition 215 did
not intend for medical marijuana patients to be forced into unemployment
in order to benefit from their medicine."

On January 24, in a 5-2 decision, the California Supreme Court upheld a
lower court's ruling that an employer may fire someone solely because
they use medical marijuana outside the workplace. The plaintiff in the
case, Gary Ross, is a 46-year old disabled veteran who was a systems
engineer living Carmichael, California, when he was fired from his job
in 2001 at RagingWire Telecommunications for testing positive for
marijuana. "It's important that we not allow employment discrimination
in California," said former plaintiff Gary Ross. "If the Court is going
to ignore the need for protection, then it's up to the legislature to
ensure that productive workers like me are free from discrimination."

The decision in /Ross v. RagingWire/ dealt a harsh blow to patients in
the courts, shifting the debate to the state legislature. But, before
the court made its final decision, Ross enjoyed the support of ten state
and national medical organizations, all of the original co-authors of
the Medical Marijuana Program Act (SB 420), and disability rights
groups. Since it began recording instances of employment discrimination
in 2005, ASA has received hundreds of such reports from all across
California.

if these links don't work, try going to ASA's site for the press release.

Further information:
Employment rights legislation AB2279:
http://www.AmericansForSafeAccess.org/downloads/AB2279.pdf

ASA page on AB2279, including Fact Sheet and Letters of Support: http://
http://www.AmericansForSafeAccess.org
/AB2279

Legal briefs and rulings in the /Ross v. RagingWire/ case: http://
http://www.AmericansForSafeAccess.org
/Ross


# # #

With over 30,000 active members in more than 40 states, Americans for
Safe Access (ASA) is 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. ASA works to overcome political and legal barriers by creating
policies that improve access to medical cannabis for patients and
researchers through legislation, education, litigation, grassroots
actions, advocacy and services for patients and the caregivers.

--
Kris Hermes
Media Specialist
Americans for Safe Access
http://www.SafeAccessNow.org
1322 Webster Street, Suite 402
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris [at] SafeAccessNow.org

Americans for Safe Access (ASA) is 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.
Add Your Comments

Comments (Hide Comments)
by ASA
***ASA Victory for Patients’ Employment Rights***
California Assembly Votes to Protect Medical Marijuana Patients' Right to
Work***

Dear ASA Supporter,

Yesterday, the California Assembly voted to approve legislation sponsored by
Americans for Safe Access (ASA) that will protect medical cannabis patients
from discrimination in the workplace! Thanks to a groundswell of grassroots
support from thousands of ASA members and allies, Assemblymember Mark Leno’s
AB 2279 is now on its way to the California Senate and then to the Governor’s
desk. This is a tremendous step forward in ASA’s continuing work to defend
and expand the rights of medical cannabis patients in California.

Please take a moment right now to support ASA’s strategic and effective work
in Sacramento: http://www.AmericansForSafeAccess.org/Donate

Assemblymember Leno introduced AB 2279 after the California Supreme Court ruled
that medical cannabis patients could be fired – even if they were not using
or impaired by cannabis in the workplace! This outrageous ruling placed more
than 200,000 legal patients in jeopardy. Fortunately, ASA and Assemblymember
Leno were prepared in advance and ready to act.

Since the bill was introduced, ASA staff has been actively working to educate
lawmakers and rally grassroots support. ASA visited the offices of every key
committee member prior to the vote, identified strategic “must win”
districts, and mounted an effective email and call in campaign in the days
leading up to the vote.

ASA also worked diligently to secure key endorsements needed to overcome
opposition to the bill. Influential labor groups, like the Service Workers
International Union (SEIU) and the Americans Federation of State, County and
Municipal Employees (AFSCME), who represent over one million California
workers, support AB 2279. ASA also helped secure endorsements from local
Chambers of Commerce and HIV/AIDS advocacy organizations.

We have crossed a milestone in the effort to protect patients’ rights, but we
need your help to secure the Senate vote and the Governor’s signature. You
can be sure ASA is there for the entire fight by donating $100 today to support
our work: http://www.AmericansForSafeAccess.org/Donate

Thank you for your support and commitment to defending patients’ rights in
California!

Sincerely,

Don Duncan
California Director
Americans for Safe Access

P.S. For more information about ASA's employment rights bill, please visit


Americans for Safe Access is the nation's largest organization of patients,
medical professionals, scientists and concerned citizens promoting safe and
legal access to cannabis for therapeutic use and research.

by CA NORML
Yesterday's vote by the California Assembly to approve Mark Leno's
bill AB 2279 protecting Prop. 215 patients from drug testing was a
landmark victory for patients' rights.
AB 2279 received a bare 41-vote majority, just enough to pass.
Republicans displayed their customary prohibitionist prejudices by
voting unanimously against the bill.
Three Democrats voted against AB 2279: Lois Wolk (Davis/Solano),
Cahtleen Gagliani (Tracy), and Juan Arambula (Fresno). Four others
were absent for the vote: Pedro Nava (Santa Barbara), Anthony
Portantino (Pasadena), Nell Soto (Pomona), and Wilmer Carter (Rialto).
The bill now proceeds to the State Senate.
--
California NORML, 2215-R Market St. #278, San Francisco CA 94114
-(415) 563- 5858 - http://www.canorml.org
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$115.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network