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Medical Jurisprudence

Elizabeth M Votra

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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, Elizabeth M. Votra Sep 2011

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, Elizabeth M. Votra

Elizabeth M Votra

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 …