A majority of California’s 120 legislators understand the harms caused by excessive drug war policies. But voting one’s conscience can be difficult for even the most ardent advocates when weighing potentially significant negative political consequences that may arise in bids for re-election. Still, Assemblymember Mark Leno (D-San Francisco) has stood firm on advancing some of the most progressive drug policy reforms in the state, and will likely continue his leadership in the state Senate beginning in 2009.
Currently, his AB 2279 is before Governor Schwarzenegger awaiting a signature or veto. This bill would prevent employers from discriminating against a legal medical marijuana patient and enable victims of employment discrimination to file a civil action in state court.
The need for this legislation became apparent after a California Supreme Court ruling earlier this year. The court ruled in Ross v. RagingWire Telecommunications that an employee using medical marijuana with a doctor’s recommendation as permitted by California law may be fired solely because of his or her status as a medical cannabis patient. This ruling ignored the will of California’s voter-enacted Proposition 215 and the legislature via SB 420 (Vasconcellos, 2003) by invalidating the rights of more than 200,000 patients to be free from discrimination in employment.
While denying Ross -- and other employed medical marijuana patients -- protections from employment discrimination, the Supreme Court did invite the legislature to clarify its intent with respect to employment rights of medical marijuana patients, and that is exactly what Leno is doing.
Leno also authored AB 1796 in 2004, which removed significant barriers to reintegration for formerly incarcerated persons convicted of drug offenses by allowing them to access food stamp aid. He understood that those who have entered the criminal justice system because of a substance abuse or addiction problem should have the needed tools to once again become productive citizens, and to reintegrate into our society.
Leno spent six worthwhile years in the state Assembly and was a clear leader on drug policy reform issues. He recently won a heated primary election contest to represent San Francisco in the state Senate, and this champion of drug policy reform will continue his legacy of compassion and reason in the state Senate.
