9th Circ. Won't Reconsider Marijuana Users' ADA Case

Law360, San Diego (November 2, 2012, 8:32 PM EDT) -- The Ninth Circuit on Thursday declined to rehear a case brought by severely disabled California residents arguing that the Americans with Disabilities Act protects against discrimination on the basis of medical marijuana use.

In a 2-1 decision earlier this year, the federal appeals court held that the ADA guards against discrimination of marijuana use authorized by federal law, but that marijuana use — even medical marijuana use supervised by a doctor in accordance with state law — was not protected under the federal disabilities statute....
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