Ross v. RagingWire Telecommunications, Inc.

KENNARD, J., Concurring and Dissenting.

Under this state’s Compassionate Use Act of 1996 (Health & Saf. Code, § 11362.5; hereafter the Compassionate Use Act), doctor-recommended marijuana use as a medical treatment *934is “not subject to criminal prosecution or sanction.” (Health & Saf. Code, § 11362.5, subd. (b)(1)(B).) In a decision conspicuously lacking in compassion, however, the majority holds that an employer may fire an employee for such marijuana use, even when it occurs during off-duty hours, does not affect the employee’s job performance, does not impair the employer’s legitimate…