ugba 107 research project

ugba 107 research project - Samuel Shepperson SID:18715875...

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Samuel Shepperson, SID:18715875 UGBA 107, 08/06/08 Firing a Medical Marijuana Patient: Acceptable or Not Marijuana is considered by the United States government to be a Schedule 1 drug, indicating that they believe it to have no medical value, and it is illegal to possess and/or distribute, and can not be considered safe for use under medical supervision. However in November 1996 California voters passed Proposition 215 that allowed for the medical use and distribution of marijuana, also referred to as cannabis, to treat several medical symptoms. Ever since the passing of Proposition 215 Marijuana has been in a conflicted legal status between being legal in one state in a country where it is illegal. Several cases have arisen surrounding this law, but one in particular affects nearly any business in the state of California. On January 24 th , 2008 the California Supreme Court ruled in a case labeled Ross v. RagingWire Inc. that it was legal for a company to fire an employee that failed a drug test due to the use of a medical marijuana prescription. The majority ruled that an employee could be fired for medical marijuana use, even when it occurs during off-duty hours, and does not affect the employee’s job performance. Having reached this decision businesses that operate in California are forced to decide whether or not their company should fire a medical user of marijuana if he or she fails a drug test. When facing this decision it is important to consider not only the legal but also the social and political aspects of marijuana’s use for medical purposes. I. Ross V. RagingWire Inc. In September 1999, Gary Ross a retired Air Force pilot decided on his doctor’s recommendation to use marijuana as a medication for his back problems after muscle relaxants and conventional medications had failed to provide relief from the pain and muscle spasms. Due to injuries he had sustained in January 1983 during his service with the United States Air Force, 1
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Mr. Ross suffered from a lower back strain and muscle spasms, and it seemed marijuana was an effective pain reliever for his symptoms. In September 2001, Mr. Ross accepted a job with RagingWire Telecommunications, Inc. as a lead systems analyst. Since beginning treatment with marijuana, he had held similar employment, and his disability and marijuana use had not impaired his job performance. After hiring Mr. Ross, RagingWire required him to take a drug test. Mr. Ross proceeded to give the clinic administering the test a copy of his doctor’s written recommendation to use marijuana in accordance with the state Compassionate Use Act (Proposition 215). Not surprisingly, Mr. Ross’s test results came back positive for THC the main component in marijuana. RagingWire held a board meeting to discuss the issue and the CEO informed Mr. Ross that they had decided to terminate his employment due to his use of marijuana. Mr. Ross
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This note was uploaded on 10/29/2008 for the course UGBA 107 taught by Professor Ross during the Fall '08 term at Berkeley.

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ugba 107 research project - Samuel Shepperson SID:18715875...

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