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 The Massachusetts Supreme Judicial Court rejected the former
employer's argument that she could not sue it for handicap
discrimination because possessing marijuana remains illegal under
federal law.
Lawyers for the former employee, Christina Barbuto, said the ruling
represents a major win for employees in the state and set a
precedent that they said could have an impact in other states where
medical marijuana is legal.
Barbuto had accused Advantage Sales and Marketing of firing her
after her first day of work because she tested positive for the
drug, which she had been prescribed by a doctor to treat low
appetite, a side effect of her Crohn's disease.
Chief Justice Ralph Gants wrote that if a doctor concludes medical
marijuana is the most effective treatment for an employee's
debilitating condition, "an exception to an employer's drug policy
to permit its use is a facially reasonable accommodation."
"The fact that the employee's possession of medical marijuana is in
violation of federal law does not make it per se unreasonable as an
accommodation," Gants wrote.
The unanimous six-judge panel's ruling noted that only the employee,
not the company, could have been subject to prosecution under
federal law for her drug use.
Massachusetts voters approved the medicinal use of marijuana in
2012, joining the majority of U.S. states that allow for the drug's
medical use. State voters in November went further, legalizing
recreational use of marijuana.
Matthew Fogelman, Barbuto's lawyer, called the ruling a
"groundbreaking decision."
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"This is the highest court in Massachusetts recognizing that the use
of medically prescribed marijuana is just as lawful as the use of
any prescribed medication," he said.
The ruling reversed a decision that dismissed Barbuto's 2015
handicap discrimination claim against the company. It upheld the
dismissal of other claims.
Michael Clarkson, a lawyer for the company, said it was considering
its options. He said the company's lawyers are "confident that our
client acted in accordance with the law."
Barbuto said in her lawsuit that she had been prescribed medical
marijuana to treat her Crohn's disease, which coupled with irritable
bowel syndrome, left her with little appetite.
After she started using marijuana, Barbuto said she was able to
maintain a healthy weight.
(Reporting by Nate Raymond; Editing by Scott Malone, Cynthia
Osterman and Jonathan Oatis)
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