Published: September 19, 2018

In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses medical marijuana.  Now court has entered summary judgment in the same case in favor of the plaintiff, finding that a federal contractor discriminated against a job applicant in violation of Connecticut’s Palliative Use of Marijuana Act ("PUMA") by refusing to hire a medical marijuana user.  

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Published: August 15, 2018

A New Jersey federal judge recently held that an employer did not discriminate against an employee on the basis of a disability when it refused to waive a drug testing requirement as an accommodation for the employee’s medical marijuana use.

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Published: August 18, 2017

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

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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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