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MAN’S DISMISSAL OVER DRUG TEST EARNS REVIEW Gary Ross’ pot case hasn’t gone up in smoke after all. On Wednesday, the California Supreme Court granted review ostensibly to decide whether Ross was wronged when he was fired by Ragingwire Telecommunications Inc. after he tested positive for marijuana during a pre-employment drug test. Ross claimed his doctor had prescribed pot for chronic back pain in accordance with the Compassionate Use Act passed by voters in 1996. He sued for wrongful termination, employment discrimination and breach of contract. He had been on the job for only eight days. Sacramento County Superior Court Judge Joe Gray ruled against Ross, and Sacramento’s Third District Court of Appeal affirmed in September. Justice Arthur Scotland ruled that employers “need not accommodate a disability by allowing an employee to use illegal drugs.” He also said that “permitting employers to fire, or refuse to hire, a person who exercises his or her statutory right under California law does not violate state policy created by the Compassionate Use Act.” Review of Ross v. Ragingwire Telecommunications, S138130, was granted by Chief Justice Ronald George and Justices Joyce Kennard, Kathryn Mickle Werdegar and Carlos Moreno � the court’s four moderates. � Mike McKee

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