Help Stop Patient Employment Discrimination

Dear ASA supporters,

Americans for Safe Access is arguing a case before the California Supreme Court
(CSC) to protect patients' employment rights. In the battle for safe access,
the most significant discrimination against patients, aside from routine
harassment by police, occurs in the arena of employment and pre-employment
practices.

While the most widespread discrimination occurs against patients who test
positive for marijuana in the process of applying for work, many employers have
been known to terminate long-standing employees, regardless of their status as
a qualified patient. ASA has issued many letters to employers on behalf of
fired patients, as well as those threatened with termination.

However, in September 2005, an appellate court ruled, in Ross v. Ragingwire,
that employers have the discretion to fire employees based solely on their
patient status. ASA filed a petition for review with the CSC, which was granted
on November 30, 2005.

The plaintiff in this case, Gary Ross, is a forty-three-year-old veteran of the
United States Air Force, and father of two, who suffered a back injury while in
the Air Force in January of 1983. At first, Ross attempted to treat his lower
back pain and muscle spasms with muscle relaxants and traditional pain
medications, but, after these conventional medications failed to provide him
relief, his physician recommended that he use marijuana to treat his medical
condition.

Years later, Ross obtained a position in the field on computer systems
administration with RagingWire Telecommunications, Inc. Despite knowing that
Ross was a qualified medical marijuana patient, the company fired him when he
tested positive for having marijuana metabolites in his system. Ross did not
use marijuana at work and there were no complaints about his performance. If
you support our efforts to help Ross and thousands of employed patients across
the state, please donate to support this effort.

ASA aims to protect patients from employment discrimination by overturning Ross
v. Ragingwire. This case has the potential to impact tens of thousands of
patients who are employed by companies and organizations throughout California.

A Supreme Court victory in this arena will have much broader impact, as the
Supreme Court will likely decide the issue of whether the Compassionate Use Act
applies in the civil context, or, alternatively, as the Court of Appeal
reasoned, is solely a defense against criminal prosecution.

Thus, a victory will give ASA legal ammunition to gain further protections
against discrimination in housing, by the DMV, and in many other areas. A
victory in this case will also help to clarify and reinforce the argument that
state law is sovereign and not pre-empted by federal law.

The California Supreme Court brief will be filed on January 27, which really
just marks the beginning of this campaign for ASA. Funds are needed to:

1. Complete the initial brief,
2. Recruit support briefs from a variety of expert individuals and
organizations,
3. Complete the reply brief,
4. Prepare for oral arguments,
5. Educate public, advocates and media on significance of the case,
6. Give oral arguments,
7. Promote victory in June (media, law community outreach, employee
outreach).

A victory in the case will significantly impact both employment and housing
discrimination, and brings hope for an end to punitive, unfair practices by
employers and landlords. Please renew your commitment to ASA and patients'
rights by donating online or by sending a check or money order to ASA-SEE, 1322
Webster St. #208, Oakland, CA 94612.

Thank you for your support,

Steph Sherer
Executive Director
Americans for Safe Access