On Monday July 24, the Drug Policy Alliance filed an amicus (friend-of-the-court) brief in the California Supreme Court on behalf of leading public health organizations in the case of Ross v. Ragingwire Telecommunications, Inc. The brief supports the appeal of Gary Ross, a medical marijuana patient under California's Compassionate Use Act, who was fired by his employer after testing positive for medical marijuana he used during off-hours in accordance with his doctor’s recommendation for the treatment of severe pain. The outcome of the Ross case has the potential to affect the ability of thousands of Californians suffering from debilitating medical conditions and chronic pain to effectively manage their health care while remaining active and productive members of the workforce.

Amici argue for the need for physicians and medical professionals to work with patients to identify the best course of individualized treatment without repercussion (e.g., loss of their job), and outline the sound evidence that marijuana is medically appropriate treatment for chronic pain and other serious medical conditions. Signatories to the brief consist of a powerful contingent of medical and public health organizations that represent a broad class of patient-employees. The organizations include the American Pain Foundation, the American Medical Women’s Association, the Lymphoma Foundation of America, the American Nurses Association, the California Nurses' Association, the AIDS Action Council, the National Women’s Health Network, Doctors of the World – USA and the Gay Men’s Health Crisis.

The case concerns Gary Ross, who treats his chronic pain and muscle spasms from a military injury with physician-recommended medical marijuana.  Mr. Ross provided his company with his physician’s recommendation but was fired after eight days on the job because he tested positive for THC in a pre-employment drug test.  Mr. Ross filed suit alleging wrongful termination but two lower courts sided with the employer, holding that the company did not discriminate against Mr. Ross based on his disability and chosen treatment. The intermediate appellate court's opinion, which will be reviewed by the State Supreme Court, focused largely on the illegality of marijuana under federal law.  Drug Policy Alliance filed an amicus letter with the State Supreme Court urging the Court to review the case and overturn the lower court decision. Shortly after receiving the letter, the Supreme Court agreed to take the Ross case.  The Alliance then prepared the amicus brief filed on July 24, 2006.  Joe Elford, the Legal Director for Americans with Safe Access (ASA), is co-counsel for Mr. Ross in the California Supreme Court.

The Alliance’s participation in the Ross case continues the work DPA has undertaken for more than a decade to enact and implement California’s Compassionate Use Act.  At the heart of the Act is the core principle that persons who can benefit from medical marijuana should not be discriminated against for their use of a medication necessary to their health, and that public policy regarding medical marijuana should be grounded in science, reason, compassion and justice.