AB 2279: 2008 Medical Cannabis Emploment Bill

Assemblymember Mark Leno (D-San Francisco) and several co-authors have introduced AB 2279, a bill that would protect the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination. The bill, which was drafted with assistance from Americans for Safe Access (ASA) Legislative Analyst Noah Mamber, leaves intact existing state law prohibiting medical marijuana consumption at the workplace and protects employers from liability by carving out an exception for safety-sensitive positions. The employment rights bill, which is being co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), is in response to a January decision by the California Supreme Court in Ross v. RagingWire.  ASA Chief Counsel Joe Elford argued the case before the court and ASA is an organizational sponsor of the bill.

After passing both the Assembly Judiciary and Labor Committees, AB 2279 was passed by the full California Assembly on May 28, 2008. The State Senate Judiciary Committee than passed the bill on June 24. It was passed by the full State Senate on August 20.

AB 2279 Resources:

• AB 2279 bill text
• AB 2279 fact sheet
• Ruling in Ross v. RagingWire Telecommunications
• Legal briefs and further information on Ross v. RagingWire

AB 2279 Organizational Support Letters:

• Service Employees International Union (SEIU)
• American Federation of State, County and Municipal Employees (AFSCME)
• California Labor Federation
• National Lawyers Guild
• National Association of People with AIDS
• San Francisco AIDS Foundation
• West Hollywood Chamber of Commerce

AB 2279 Talking Points:

• AB 2279 will prevent employers from discriminating against a legal medical marijuana patient and enables victims of employment discrimination to file a civil action in state court;
• AB 2279 preserves the right of employers to take action against employees that come to work impaired or consume medical marijuana at the workplace, and does not require the employer to violate any state or federal laws;
• AB 2279 will provide the clarification requested by the Court and reverse a decision that puts every medical cannabis patient in jeopardy of losing their job without due cause;
• In its ruling, the California Supreme Court ignored the will of the voters and the legislature by invalidating the rights of more than 200,000 patients to be free from discrimination in employment;
• The bill includes an exception for safety sensitive positions in which medical cannabis-affected performance could endanger the health and safety of others.