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The Supreme Judicial Court ruled on Monday in Massachusetts that voter approval of medical marijuana means that employers can no longer simply fire employees who test positive for THC, if the workers can prove they are consuming it with a doctor’s recommendation.
The ruling comes from the case of Cristina Barbuto who suffers from Crohn’s Disease and was using MMJ several times a week to help ease the pain.
Barbuto, who had informed her new bosses of her illness and her MMJ usage, got fired after only one day on the job when she tested positive for marijuana.
Sorry, ASM. The Supreme Court ruled that Massachusetts law takes precedent; Barbuto was doing something legal under state law and was not putting the company at risk because she was not toking up at work.