Nov. 30, 2005 California Supreme Court Reviews Medical Marijuana Decision

Summary

In September, we reported here that a California appellate court ruled for the first time that an employer could lawfully terminate an employee who tested positive for marijuana, even if that employee claimed to have used the marijuana legally pursuant to California's Compassionate Use Act.

Yesterday, the California Supreme Court granted review of that decision, which means that the underlying opinion is no longer reliable.

What this Means

Medical marijuana situations in the workplace are no longer simple analyses. Although an employer needn't accommodate an employee's use of medical marijuana, whether an employer may exclude all employees who legally use medical marijuana will remain a difficult, unclear area of the law until the California Supreme Court provides direction.

This E-Update was authored by Joe Connaughton. For more information, please contact Mr. Connaughton, or any Paul, Plevin attorney at 619-237-5200.

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