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Unpublished Paper
Should Employees Have to Choose Between Enduring Pain and Keeping Their Jobs?
ExpressO (2010)
  • Reka Bala
Abstract
For patients in constant pain, medical marijuana is often the only substance that offers complete relief. Yet these individuals and their employers are still at risk of job-related concerns as cannabis legislation consistently neglects employment issues. In a controversial 2008 decision, Ross v. RagingWire Telecommunications, Inc. forced California cannabis patients to cruelly decide between alleviating pain and staying employed. This Note argues that Ross contradicts legislative intent and violates state and federal law, all of which call for broader rights to medical marijuana users. It also recommends changing California law or designing a judicial remedy to better protect patients from the fear of losing their jobs. Moreover, while there are a large number of law review articles on the subject of medical marijuana, none deal with the complicated issue of how to protect patients' rights to use medical marijuana while still safeguarding the rights of employers and the public against safety risks that can arise from using marijuana on the job.
Keywords
  • Medical marijuana,
  • employment discrimination,
  • workplace
Disciplines
Publication Date
February 24, 2010
Citation Information
Reka Bala. "Should Employees Have to Choose Between Enduring Pain and Keeping Their Jobs?" ExpressO (2010)
Available at: http://works.bepress.com/reka_bala/1/