In a recent 9^th Circuit Court of Appeals decision, the court ruled that individuals using marijuana under the guise of medicine can not use the Americans with Disabilities Act (ADA) to bring a claim of discrimination.

 

In the case of James vs. City of Costa Mesa, the 9^th Circuit, in California, determined that the cities of Costa Mesa and Lake Forest did not violate Title II of the Americans with Disabilities Act by closing down pot dispensaries in their cities.  The panel of three judges concluded that the ADA does not protect plaintiffs against discrimination, based solely on their use of marijuana, because while “medical” marijuana may be legal in the state of California, it is still a violation of federal law. 

 

The court reasoned that Congress made it very clear that the ADA defines “illegal drug use” through the federal Controlled Substances Act (CSA) and not by state law. 

 

We applaud the 9^th Circuit Court of Appeals decision for applying the law, rather than emotion, in reaching their decision.  The ADA is meant to protect those with disabilities.  It is not meant to give free reign to violate federal law.

 

 

To read the 9^th Circuit Court of Appeal’s Opinion, go to:   http://www.ca9.uscourts.gov/datastore/opinions/2012/05/21/10-55769.pdf