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Crack
08-21-2008, 07:56 PM
I may just have to contribute to society afterall :(

Medical Marijuana Employment Rights Bill Passes Both California Houses

Anti-discrimination bill AB2279 now heads to the Governor's desk

Sacramento, CA -- A medical marijuana employment rights bill, which would protect hundreds of thousands of medical marijuana patients in California from employment discrimination, passed the State Senate today. AB2279 had already passed the State Assembly in May, which means the bill now heads to the Governor's desk. Advocates expect the bill to reach Schwarzenegger's desk in the next few weeks.

AB2279, introduced in February by Assemblymember Mark Leno (D-San Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaņa (D-San Diego), reverses a January California Supreme Court decision in the case Ross v. RagingWire. Support for the bill has been widespread, coming from labor, business, and health groups at the local and national level.

"Now that both houses of the California legislature have voted in favor of employment rights for medical marijuana patients, the onus is on Governor Schwarzenegger to do the right thing," said Joe Elford, Chief Counsel with Americans for Safe Access, the medical marijuana advocacy group that argued the case before the Court and a sponsor of the bill. "The Governor has a chance to include medical marijuana patients as productive members of society, thereby protecting the jobs of thousands of Californians with serious illnesses such as cancer and HIV/AIDS."

The bill leaves intact existing state law prohibiting medical marijuana consumption at the workplace or during working hours and protects employers from liability by carving out an exception for safety-sensitive positions. "AB2279 is not about being under the influence while at work. That's against the law, and will remain so," said Mr. Leno, the bill's author. "It's about allowing patients who are able to work safely and who use their doctor-recommended medication in the privacy of their own home, to not be arbitrarily fired from their jobs," continued Mr. Leno. "The voters who supported Proposition 215 did not intend for medical marijuana patients to be forced into unemployment in order to benefit from their medicine."

On January 24, in a 5-2 decision, the California Supreme Court upheld a lower court's ruling that an employer may fire someone solely because they use medical marijuana outside the workplace. The plaintiff in the case, Gary Ross, is a 46-year old disabled veteran who was a systems engineer living Carmichael, California, when he was fired from his job in 2001 at RagingWire Telecommunications for testing positive for marijuana. The decision in Ross v. RagingWire dealt a harsh blow to patients in the courts, shifting the debate to the state legislature. But, before the court made its final decision, Ross enjoyed the support of ten state and national medical organizations, all of the original co-authors of the Medical Marijuana Program Act (SB 420), and disability rights groups. Since it began recording instances of employment discrimination in 2005, ASA has received hundreds of such reports from all across California.

Further information:
Employment rights legislation AB2279:

http://www.AmericansForSafeAccess.or...ds/AB_2279.pdf (http://www.americansforsafeaccess.org/downloads/AB_2279.pdf)
ASA web page on AB2279, including Fact Sheet and Letters of Support: http://www.AmericansForSafeAccess.org/AB2279 (http://www.americansforsafeaccess.org/AB2279)
Legal briefs and rulings in the Ross v. RagingWire case: http://www.AmericansForSafeAccess.org/Ross (http://www.americansforsafeaccess.org/Ross)

Claydon
08-21-2008, 09:01 PM
http://i26.photobucket.com/albums/c145/idexx/picard-headesk.jpg

Poop Sailboat
08-21-2008, 09:05 PM
crack, do you actually get medical marijuana?

Claydon
08-21-2008, 09:06 PM
for god sakes man...don't encourage him.

Poop Sailboat
08-21-2008, 09:13 PM
I was wondering, I know how he is but he posts this article but other times he just seems like your standard pothead. He can rant and rave all he wants about weed but I'll just skim through it.


Sometimes ADD can be a good thing.

Jatoza
08-21-2008, 10:08 PM
First of all, the bill's ID is SB420 - epic.

Second, I guess I still don't understand how this bill works if the California Supreme Court already said that shit isn't allowed...

Da Raider
08-21-2008, 11:03 PM
The Governator used to toke up, there's no way he doesn't sign this...

Crack
08-22-2008, 12:25 AM
First of all, the bill's ID is SB420 - epic.

Second, I guess I still don't understand how this bill works if the California Supreme Court already said that shit isn't allowed...

Wrong, the California Supreme Court fully recognizes and protects california patients from State and Local law enforcement. A patient took it all the way to the supreme court and won.

On Wednesday, March 19th, the California Supreme Court decided not to review last year’s landmark return of property decision in Garden Grove v. Superior Court. By affirming the appellate court’s decision, the Supreme Court has made protection against seizure of medical marijuana by law enforcement legally binding throughout the state of California.

In November of 2007, the California Court of Appeal ruled that state law enforcement could not use federal law as an excuse for not upholding California’s medical cannabis laws – therefore police must return medicine wrongfully seized from legal patients. ASA filed the successful appeal on behalf of Garden Grove patient Felix Kha in hopes of stemming the tide of hundreds of wrongful confiscations of medicine all over California. Kha had sought the return of his 8 grams of medical marijuana that was seized by police in June of 2005. In a ruling that rejects law enforcement's claim that federal law preempts the state's medical marijuana law, the court asserted "we do not believe the federal drug laws supersede or preempt Kha's right to the return of his property." The court further stated that, "it is not the job of the local police to enforce the federal drug laws..."

As a result of hundreds of cases of wrongful medical marijuana confiscation, and careful legal planning and research over the course of two years, ASA’s legal team felt that it built a strong defense for the rights of Felix Kha and others like him. ASA wants to make sure that the more than 250,000 legal patients and thousands of attorneys and public defenders are sufficiently educated about patients’ rights and protection from medicine confiscation to which patients are now entitled. ASA now hopes to educate police officers, prosecutors, and judges, and to use the media to end patient harassment and to ensure that police no longer claim that marijuana is illegal.


In fact, he fucking established case law which holds all officers in contempt of court for violating their sworn duty to uphold California Law.
http://caselaw.lp.findlaw.com/data2/californiastatecases/g036250.pdf

Crack
08-22-2008, 01:01 AM
crack, do you actually get medical marijuana?


http://i43.photobucket.com/albums/e385/greenearthcollective/JupiterKushDescription.jpg

srsly, all other recreational substances can go to hell. The aesthetics alone are what garishes most o' my affections.

It's a fuckng flower!

Ladies: Do you prefer a Pretty Flower that smells nice but then wilts and dies in a week?
http://www.ibiblio.org/hhalpin/tutorials/socweb/roses.jpg

Or

Do you prefer a Pretty Flower that smells nice, but then keeps you high for a week?
http://i43.photobucket.com/albums/e385/greenearthcollective/SUPERDUPERPURPLEBUBBAKUSH.jpg

noahsdove
08-22-2008, 04:07 AM
I was wondering, I know how he is but he posts this article but other times he just seems like your standard pothead. He can rant and rave all he wants about weed but I'll just skim through it.


Sometimes ADD can be a good thing.

You don't have to be a pothead to appreciate the effects of medical marijuana

White Rhino
08-22-2008, 09:24 AM
This might be one step closer to getting rid of testing for pot at the work place. What people do on their own time in the safety of their home is nobody elses business.

Tar Heel
08-22-2008, 09:29 AM
damn that looks tasty.

Morfin
08-22-2008, 01:37 PM
First of all, the bill's ID is SB420 - epic.

Second, I guess I still don't understand how this bill works if the California Supreme Court already said that shit isn't allowed...

Ignore Crack's attempt at explaining this -- he answered a different question, apparently one "the voices" told him to answer.

As to your question, the article states that the California Supreme Court ruled in January that an employer could fire someone who is a legal medical marijuana user, even though he did not use on the job and its use did not affect his work.

Because the citizens (through their agents, the Legislature) did not believe this was right, the Legislature passed a bill to prevent such a firing. It becomes a law if the Governor signs it. The California Supreme Court cannot prevent such a new law being created (see "Separation of Powers"), although, later, it could be asked to rule on its constitutionality (I'm not saying that this new bill is constitutionally shaky, I'm just saying that is the only way the Court could strike down such a law.)

feith
08-22-2008, 01:41 PM
http://i43.photobucket.com/albums/e385/greenearthcollective/JupiterKushDescription.jpg

srsly, all other recreational substances can go to hell. The aesthetics alone are what garishes most o' my affections.

It's a fuckng flower!

Ladies: Do you prefer a Pretty Flower that smells nice but then wilts and dies in a week?
http://www.ibiblio.org/hhalpin/tutorials/socweb/roses.jpg

Or

Do you prefer a Pretty Flower that smells nice, but then keeps you high for a week?
http://i43.photobucket.com/albums/e385/greenearthcollective/SUPERDUPERPURPLEBUBBAKUSH.jpg


i want someeeeeeee~!

Roll
08-23-2008, 04:43 AM
Thats fuckin cool, where can I find more of these reviews?

yard
08-24-2008, 05:45 PM
good for Kalifornia...

Roll
08-27-2008, 12:06 AM
I love living here.