The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses marijuana for medical purposes. This is the second court decision finding that an individual may pursue a claim when adverse action is taken by the employer for a positive marijuana drug test when the individual is a medical marijuana user (we discussed the first court decision
Published: August 18, 2017
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Published: July 20, 2017
On July 17, 2017, the Supreme Judicial Court of Massachusetts broke from a line of precedent among state and federal courts by allowing a medical marijuana user with a valid state law prescription to pursue a claim for disability discrimination after she was terminated for a positive drug test. In Barbuto v. Advantage Sales and Marketing, LLC, SJC, No.
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Published: September 6, 2016
Ohio’s Medical Marijuana Law takes effect September 6, 2016, meaning that patients with qualifying medical conditions will be able to lawfully purchase and use medical marijuana without government recourse (that is, at least by the State of Ohio, since any form of marijuana use remains prohibited by the federal government). (H.B. 523) With the new law, Ohio joins about half of the other U.S.