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Is an Employer Required to Accommodate an Employee’s Legal Use of Medical Marijuana Under State Law?



In a recent case, Barbato vs. Advantage Sales and Marketing, LLC., an employee was terminated because she tested positive for marijuana on her drug test.

Her lawsuit included three counts alleging, that her termination constituted unlawful disability discrimination, one count alleging that her termination violated the Act for the Humanitarian Medical Use of Marijuana, and one count that she was wrongfully terminated in violation of public policy. Although the employee has a legal medical marijuana prescription for her Crohn’s Disease, her claim was dismissed.

The case was dismissed because an employer is not required to accommodate legal use of medical marijuana. Some states have legalized medicinal marijuana; however, it still remains illegal under federal law.

Click here to read more about this case.

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