CSAC rules on medical marijuana
The Commission made it clear that legal use via Proposition 215, also known as the Compassionate Use Act of 1996,…
The Commission made it clear that legal use via Proposition 215, also known as the Compassionate Use Act of 1996, in California does not negate disciplinary action due to a positive drug test result in relation to events overseen by the CSAC.
The California State Athletic Commission’s position is that Marijuana is a banned substance pursuant to Rule 303 and that any positive drug test may result in discipline, read the statement.
The Commission stated that a Supreme Court ruling in the case of Ross v. RagingWire Telecomm found that an employer may discipline an employee for off-duty medical marijuana use.
In the case of athletes licensed to compete, an athletic commission isn’t an employer per se. The CSAC, however, argued its case, saying, Because the Compassionate Use Act only provides a defense to criminal charges, any argument that the Act would allow an athlete to use the drug without consequences to his or her license must fail. If the Court were to take up a similar challenge to discipline of a licensee, it would likely find that the Commission has a legitimate interest in whether or not an athlete uses the drug because marijuana could slow a fighter’s reflexes and endanger his or her health and safety in the ring or the cage.