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Unpublished Paper
CANNED FOR MEDICAL CANNABIS: Terminating Employees for Lawful, At-Home Use of Medical Cannabis for Palliative Care Amounts to Disability Discrimination and Chills their Liberty Interest to Pain Relief
ExpressO (2011)
  • Elizabeth M Votra, California Western School of Law
Abstract

Although qualified California citizens may lawfully use medical cannabis, there are no protective regulations in the employment arena for those who are medical cannabis patients. Upon examination of the California Supreme Court case Ross v. RagingWire Telecommunications (medical cannabis patients cannot succeed on grounds of wrongful termination claims when fired for their at-home use of medical cannabis) and the United States Supreme Court case Washington v. Glucksberg (deeply rooted liberty interests in pain relief qualify for protection), I show that there is a disconnect between what the voters clearly wanted-as described in the Compassionate Use Act-and the current state of case law in California. After I scrutinize the Americans with Disabilities Act (federal) and Fair Employment and Housing Act (California), both of which state that employers are under a duty to make reasonable accommodations for their employees, I assert that terminating California employees for at-home use of medical cannabis obtained for palliative care purposes amounts to disability discrimination.

Keywords
  • employment discrimination,
  • medical marijuana,
  • palliative care,
  • liberty interest,
  • Glucksberg,
  • RagingWire
Disciplines
Publication Date
September 22, 2011
Citation Information
Elizabeth M Votra. "CANNED FOR MEDICAL CANNABIS: Terminating Employees for Lawful, At-Home Use of Medical Cannabis for Palliative Care Amounts to Disability Discrimination and Chills their Liberty Interest to Pain Relief" ExpressO (2011)
Available at: http://works.bepress.com/elizabeth_votra/1/