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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.
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