Employer must face discrimination claim in medical marijuana case
A company that fired a worker who tested positive for marijuana even though she was authorized to use it by her physician must face a claim of handicap discrimination, the Massachusetts Supreme Court ruled Monday.
Cristina Barbuto accepted an entry level position at Advantage Sales and Marketing in the summer of 2014. Ms. Barbuto, who was authorized by her physician to use marijuana to stimulate her appetite and help with symptoms of Crohn’s disease, told Advantage she would test positive for marijuana on drug screens. A supervisor told Ms. Barbuto her medicinal use of marijuana “should not be a problem,” which he later confirmed after consulting with others at the company, according to court documents in Cristina Barbuto vs. Advantage Sales and Marketing L.L.C.