Ragingwire, Inc. requires all new employees to take a drug test. When Gary Ross tested positive for marijuana in 2001, the company fired him – even though he had a doctor’s permission.
Ross’s attorney is Joe Elford:
“Mr. Ross is asking for the barest minimum accommodation possible, which is simply that he not be fired for using the one substance that’s able to make him (a) more healthy and productive worker.”
But an attorney arguing for Ragingwire said companies risk being held liable if their employees drive or do something dangerous while on drugs.
Federal law prohibits marijuana use, but California law allows it for medical treatment. This case could test the state law’s limits.
Two lower courts have already ruled in favor of Ragingwire. The justices will rule in the next 90 days.