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marijuana-medical-test-rulingImagine a scenario in which you are applying for a job. You pass the interview stage with flying colors, and the hiring manager is ready to bring you on immediately. The only thing you have left to do is pass a pre-employment drug screening. You are not worried because everything you currently take has been prescribed by a doctor who is licensed to practice in your state. When the screening results come back, however, they show that you have a particular drug in your system—one that you even told your prospective employer about beforehand. As a result of the test, your job offer is rescinded. Sounds pretty unfair, does it not? This is exactly what happened to a Connecticut woman in a situation that shows just how far we have left to go as our country tries to figure out exactly how to handle medical marijuana.

A Quick Background

In 2016, a woman was recruited and applied to work at a nursing home and rehabilitation center in Niantic, Connecticut. The woman’s interviews went well, and she was offered the position of Activities Manager pursuant to a pre-employment drug test. Prior to the screening, she informed the hiring manager that she was a registered patient under Connecticut’s Palliative Use of Marijuana Act (PUMA)—the state’s legal medical marijuana program. She had been in an accident in 2012 and was currently using a prescribed pill form of marijuana at night to help with post-traumatic stress disorder (PTSD) symptoms.

As she expected, the drug screening did indicate the presence of THC, the psychoactive component of marijuana. What she did not expect, however, was the rescinding of her job offer. The nursing home decided they could not hire the woman because they used the federal list of legal drugs, and marijuana is not a legal prescription under federal law. The woman subsequently filed a lawsuit for employment discrimination under PUMA, which specifically prohibits employers from making employment decisions based on an applicant’s status as a registered medical marijuana user.

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