CA voters must take the lead in employment rights
January 31st, 2012Posted by Don Duncan
CA Senator Mark Leno
A bill by California Senator Mark Leno (D-SF) that would have prevented employment discrimination against legal medical cannabis patients will not be adopted by the California legislature this year. Senator Leno decided not to ask his colleagues to vote on SB 129 before today’s deadline for Senate approval. Americans for Safe Access (ASA) sponsored the bill and worked closely with the Author to build support for the SB 129. Unfortunately, we were unable to secure the majority of votes needed to guarantee a victory in the Senate.
Then Assemblymember Leno first introduced this bill in 2008, following the California Supreme Court decision in Ross v. Ragingwire. The Ross decision held that medical cannabis patients are not protected from employment discrimination by Proposition 215. The state legislature approved AB 2279 that year, but it was vetoed by former Governor Arnold Schwarzenegger. Senator Leno re-introduced the bill as SB 129 last year, in hopes that Governor Brown would be more sympathetic. Unfortunately, we have run out of time to persuade a handful of ambivalent Democrats to support the bill before today’s deadline for a vote on bills from last year.
Senator Leno and other lawmakers may pick up the mantle of patients’ rights again in the future, but it is time now for voters to take the lead. The campaign to adopt the Medical Marijuana Regulation, Control, and Taxation Act of 2012 (MMCRT) will begin in earnest in February. This voter initiative will create a safe, regulated access model for medical cannabis, while preserving the rights of patients under Proposition 215. Additionally, the MMRCT will help to protects’ civil rights – including protection from employment discrimination. The MMRCT states that
Persons using marijuana medicinally pursuant to Section 11362.5 [Proposition 215] are entitled to the same rights and protections from civil and criminal liability as users of prescription drugs under California law.
ASA is committed to protecting patients’ rights, and the MMRCT is an important part of that effort. We have hit a roadblock in the legislature for now. That means it is time for the voters to lead on this issue again. The MMRCT will help address some long-standing issues for California patients – and it may serve to push lawmakers in the right direction. Look for news from ASA about what you can do to support MMRCT soon.
You can join a constituents’ conference call about the voter initiative on Thursday, February 2, 2012, at 5:00 PM PST. Dial (832) 431-3335 to connect to the call, and then enter pass code 1618568# to join the conversation.
On behalf of ASA, I want to thank Senator Leno and his staff for their leadership and hard work in protecting patients’ rights since 2008. I also want to thank the thousands of ASA members who supported the bill.
January 31st, 2012 at 1:11 pm
I sent an email to the senator
February 6th, 2012 at 9:07 am
Mark Leno is a spineless little neo democrat whose HAS failed the Medical Marijuana community for the last time.
February 6th, 2012 at 5:10 pm
[...] A bill that would have protected medical marijuana patients in California from employment discrimination – SB 129 – has failed to come to a vote in the CA legislature. [...]
February 6th, 2012 at 5:19 pm
[...] SB 129: Bill To End MMJ Employment Discrimination In California Fails February 6th, 2012 var addthis_config = {"data_track_addressbar":true}; A bill that would have protected medical marijuana patients in California from employment discrimination – SB 129 – hasfailed to come to a vote in the CA legislature. [...]
February 16th, 2012 at 6:48 pm
Blame Senator Leno? Strange choice. The Senator has consitently defended patients’ rights. Most of his colleagues have not even tried. I blame the handful of Democrats who refuse to stand with the majority in support of this reasonable bill. They are the ones who might be considered spineless.
February 23rd, 2012 at 12:50 am
[...] Access (ASA), California, Medical Cannabis. You can follow any responses to this entry through the RSS 2.0 [...]
February 23rd, 2012 at 1:50 pm
I for one am glad to see SOMEONE…..ANYONE in that big white building defending the rights & privileges of the constituents who pay there salary!!! but more to the point I am a daily medicator & am far more dependable safe & methodical when it comes to work as opposed to someone hopped up on Vicodin, DayQuil, or any other such over the counter “drug” why should marijuana be any different if i F up or break something or get injured then yes take a drug test & make a determination truckers have the same policy in effect on there license dont be a dumb ass dont use on the job & maintain a safe record youll never have to pee in a cup but ….. on that same token if “bob” comes to work F’d up on Vicodin or some other prescribed pain killer & injures himself or someone else then i want him to have the same consequences for his actions no more no less all we want is to be treated with respect & dignity but i geuss thats to much to ask from the U.S SENATE.
August 13th, 2012 at 9:43 pm
It’s now August, any idea where we stand?
What steps should I take?
What can Californians do to help this initiative?
I missed the conference call in February. Please let me know about any upcoming events.
March 17th, 2013 at 4:30 pm
I have two medical conditions that doctors still are not sure how to treat. They may be hereditary maybe not they just aren’t sure. The pills they would give me have a list of side effects that are unbelievable! I know as well as 90% of the people in this country (whether they admit it or not) that smoked marijuana when they were younger know its not that big of deal! Alcohol and tobacco kill hundreds of thousands of people each year and they are readily available for anyone to purchase (or for kids to steal) not to mention all the deaths you hear of on television due to misdiagnosis or unsafe prescriptions or prescription abuse! I would like to see any of the government officials in Washington to give any proof of death caused by marijuana. The last I heard it would require an ingestion of 6 pounds of cannabis (all at once) to be lethal. Therefore if the medical marijuana bill protected employees I would definitely use this SAFE ALTERNITIVE to alleviate my pain. I am hopeful that our legislature will come to this same sensible conclusion so that employees as well the disabled can use this safer alternative to pharmaceuticals!!!!