Articles Posted in Medical Marijuana

Published on:

By Edgar M. Rivera

On April 9, 2019, the New York City Council (the “Council”) passed a bill that would prohibit New York City employers from requiring a prospective employee to submit to testing for the presence of any tetrahydrocannabinols (“THC”), the active ingredient in marijuana, as a condition of employment.  Exceptions to the prohibition are provided for safety and security sensitive jobs—such as police officers, peace officers, positions with law enforcement functions, construction workers, drivers, and care givers—and positions tied to a federal or state contract or grant.

Medical marijuana in New York has been legal since 2014, when New York passed the Compassionate Care Act, which allows certified patients suffering from certain serious health conditions to obtain marijuana from their physician for medical use.  There were more than 60,000 certified patients in New York as of June 30, 2018.

Published on:

By Edgar M. Rivera, Esq.

On September 5, 2018, in Noffsinger v. SSC Niantic Operating Co., the District Court of Connecticut held that, under the Connecticut Palliative Use of Marijuana Act (“PUMA”), employers are prohibited from refusing to hire a person because of the person’s status as a qualifying medical marijuana patient, which includes refusing to hire someone because they failed to pass a drug test for marijuana.  This case makes it clear that anyone who is prescribed marijuana or a marijuana derivative does not need to choose between taking their medication and losing an employment opportunity.

In Noffsinger, Plaintiff Katelin Noffsinger accepted a job offer from Defendant SSC Niantic Operating Company, LLC d/b/a Bride Brook Health & Rehabilitation Center (the “Center”).  The offer was contingent on drug testing, and Ms. Noffsinger told the Center that she was qualified under PUMA to use marijuana for medical purposes to treat her post-traumatic stress disorder, which she was diagnosed with in 2012 after being in a car accident, and related night terrors (marijuana generally prevents lucid or vivid dreams).  After her drug test came back positive for THC consistent with the use of marijuana, the Center rescinded its job offer.  The Center’s position was that it did not allow medical marijuana for its employees, so Ms. Noffsinger was disqualified for employment with them.

Contact Information