Monday, July 17, 2017

Claims When Employee Terminated For Lawful Use Of Medical Marijuana

The Massachusetts Supreme Judicial Court holds

In 2012, Massachusetts voters approved the initiative petition entitled, "An Act for the humanitarian medical use of marijuana," St. 2012, c. 369 (medical marijuana act or act), whose stated purpose is "that there should be no punishment under state law for qualifying patients . . . for the medical use of marijuana." Id. at ยง 1. The issue on appeal is whether a qualifying patient who has been terminated from her employment because she tested positive for marijuana as a result of her lawful medical use of marijuana has a civil remedy against her employer. We conclude that the plaintiff may seek a remedy through claims of handicap discrimination in violation of G. L. c. 151B, and therefore reverse the dismissal of the plaintiff's discrimination claims. We also conclude that there is no implied statutory private cause of action under the medical marijuana act and that the plaintiff has failed to state a claim for wrongful termination in violation of public policy, and therefore affirm the dismissal of those claims.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/07/the-massachusetts-supreme-judicial-court-holds-in-2012-massachusetts-voters-approved-the-initiative-petition-entitled-an-a.html

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