he 5-2 decision upheld the job termination of Gary Ross, who flunked a company drug test shortly after being hired at a telecommunications firm.

A state referendum that allows people to use medical marijuana with a physician's recommendation are immune from some state criminal drug possession charges. But the state high court said such legal protection only goes so far.

"Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and duties of employers and employees," wrote Justice Kathryn Mickle Werdegar. "Under California law, an employer may require pre-employment drug tests, and take illegal drug use into consideration in making employment decisions."

And that I think is the way it should be... hell make it leagl, just dont do it at work ... you cant go to work drunk ...