New rulings on medical marijuana use go against employers

HARTFORD, Conn. — Health care employee Katelin Noffsinger informed a possible employer that she took medical marijuana to cope with the consequences of a automotive accident, however when a drug check got here again constructive, the nursing house rescinded her job supply anyway.

A federal decide final month dominated that the nursing residence, which had cited federal legal guidelines against pot use, violated an anti-discrimination provision of the Connecticut’s medical marijuana regulation.

It was the newest in a collection of clashes between U.S. and state legal guidelines across the nation that got here out in favor of medical marijuana customers making an attempt to maintain or get hold of jobs with drug-testing employers.

The Connecticut determination was the primary ruling of its variety in a federal case and adopted comparable current rulings against employers by state courts in Massachusetts and Rhode Island. Earlier rulings had gone against medical pot customers in employment instances by state supreme courts together with these in California, Colorado, Oregon and Washington over the previous few years.

Advocates hope new the brand new selections are a sign of rising acceptance of hashish’ medicinal worth.

“This decision reflects the rapidly changing cultural and legal status of cannabis, and affirms that employers should not be able to discriminate against those who use marijuana responsibly while off the job, in compliance with the laws of their state,” stated Paul Armentano, deputy director of NORML, a pro-marijuana group.

Noffsinger, of Manchester, sued Bride Brook Health & Rehabilitation Center in Niantic in 2016. She had been provided, and accepted, a job as recreation remedy director on the nursing residence, contingent on her passing a drug check.

She informed the nursing residence that she took artificial marijuana drugs — legally underneath state regulation and solely at night time — to deal with the post-traumatic stress dysfunction she developed after the 2012 automotive accident. But the corporate rescinded the job supply after the drug check got here again constructive for THC, the chemical in marijuana that will get individuals excessive.

As a federal contractor, the nursing house nervous that it could possibly be reduce off from that income if it employed anyone who examined constructive.

On Sept. 5, U.S. District Judge Jeffrey Meyer in New Haven dominated Bride Brook discriminated against Noffsinger based mostly solely on her medical marijuana use in violation of state regulation. He denied her request for punitive damages. The case is now heading to a trial on whether or not Noffsinger ought to obtain compensatory damages for misplaced wages from not getting the job.

A lawyer for the nursing residence, Thomas Blatchley, declined to remark.

Noffsinger’s lawyer, Henry Murray, stated Noffsinger wouldn’t remark on the lawsuit. He stated Noffsinger has taken one other job within the well being care business that doesn’t pay as a lot because the Bride Brook job.

In his ruling, Meyer stated the federal Drug Free Workplace Act, which many employers together with federal contractors rely on for insurance policies on drug testing, doesn’t truly require drug testing and doesn’t prohibit federal contractors from using individuals who use medical marijuana outdoors the office in accordance with state regulation.

The choice will doubtless be utilized in arguments in comparable instances elsewhere, stated Fiona Ong, an employment lawyer with the Baltimore agency of Shawe Rosenthal.

“This is a very significant case that throws the issue in doubt for many of these federal contractors,” Ong stated. “It’s certainly interesting and may be indicative of where the courts are going with this.”

Thirty-one states, Washington, D.C., Puerto Rico and Guam now permit medical marijuana, whereas 15 others have authorised low-THC-level merchandise for medical causes in sure instances, based on the National Conference of State Legislatures. Nine states and Washington, D.C., have legalized leisure pot.

Only 9 states together with Connecticut, nevertheless, particularly ban employment discrimination against medical marijuana customers, who might proceed to face difficulties in acquiring or holding jobs within the 41 different states, employment legal professionals say.

In Massachusetts, the state’s highest courtroom dominated final yr that a gross sales and advertising firm wrongly fired a employee after her first day on the job after she examined constructive for marijuana, which she used underneath the state’s medical marijuana regulation to deal with her Crohn’s illness. Also final yr, in Rhode Island, the state Supreme Court stated a university scholar was wrongly denied an internship at a cloth firm the place officers refused to rent her after she acknowledged she couldn’t move a drug check as a result of she used medical marijuana.

In each instances, the 2 ladies advised the businesses in the course of the hiring course of that they used medical marijuana, however wouldn’t eat it whereas on the job.

The American Bar Association referred to as the Connecticut, Massachusetts and Rhode Island instances “an emerging trend in employment litigation” and cautioned employers to think about state medical marijuana legal guidelines when analyzing their drug use and testing insurance policies.

Several payments are pending earlier than Congress that might undo marijuana’s classification as a managed substance with no medicinal worth. But Armentano, of NORML, stated it’s unlikely they’ll go anyplace whereas Republicans management Congress.

Some employers, although, have dropped marijuana from the drug checks they require of staff, saying the testing excludes too many potential staff in a difficult hiring setting.



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