Indopedia All Things Marijuana
The Massachusetts Supreme Judicial Court ruled in favor of a local medical marijuana patient yesterday, opening the door for medical marijuana users across the state to defend against unfair workplace drug testing.
According to the Boston Globe, the Supreme Judicial Court overturned a lower court ruling that had previously dismissed Cristina Barbuto’s wrongful termination lawsuit against her previous employer. Barbuto was fired by Advantage Sales and Marketing in 2015, on her first day of work, directly after testing positive for marijuana in a required drug screening.
Barbuto argued that the dismissal was unjust because she uses state-approved legal weed to treat her Crohn’s disease, and does not use her medicine before or while she is at work. Supreme Judicial Court Chief Justice Ralph D. Gants agreed.
“The use and possession of medically prescribed marijuana by a qualifying patient is as lawful as the use and possession of any other prescribed medication,” Gants wrote in the court’s decision.
Barbuto says that she notified the company of her marijuana use during the interview, and was told it would not be a problem.
“I explained to them…
