The Ninth Circuit ruled today in James v. City of Costa Mesa, that the Americans with Disabilities Act does not protect medical marijuana users who claim they are subject to discrimination on the basis of their marijuana use. The Court concluded that doctor-recommended marijuana use permitted by state law, but prohibited by federal law, is an illegal use of drugs for purposes of the ADA which excludes from its definition of "disability" individuals who are currently engaged in the "illegal use of drugs."  The Court also held that this conclusion is not altered by recent congressional actions allowing the implementation of the District of Columbia’s local medical marijuana initiative.  While the decision involved a question under Title II of the ADA and did not involve claims of employment discrimination, the Court’s analysis seemingly would apply to the employment provisions (Title I) of the ADA as well.