The state’s highest court is allowing a woman to sue for being fired for using medical marijuana, reversing a superior court judge who had dismissed her 2015 suit.

“[W]e reverse the judge’s allowance of the motion to dismiss the plaintiff’s claim for handicap discrimination and the related claims,” the decision from the Supreme Judicial Court reads. “We remand the case to the Superior Court for further proceedings consistent with this opinion.”

The case involves Cristina Barbuto, a Brewster woman who suffers from Crohn's Disease. She told her employer, Advantage Sales and Marketing, that her doctor-prescribed medicinal marijuana would result in a failed drug test after she was hired there in 2014.

A supervisor told her the failed test would not be an issue, and Barbuto worked for a single day -- only to be fired by a company human resources representative the next day. The HR staffer cited federal law, which labels marijuana a Schedule 1 drug even though it had been decriminalized in Massachusetts and was legal in some other states at the time.



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Full Article: SJC allows woman's suit for marijuana firing to proceed | Boston Herald
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