Earlier this month, in a landmark decision for proponents of marijuana legalization, the Massachusetts Supreme Court held that an employer who fired an employee because she used medical marijuana to treat her Crohn’s disease may have violated the state’s disability discrimination law. The employee in the case, Cristina Barbuto, was up front with her employer, Advantage Sales and Marketing (“Advantage”), and disclosed that her doctor had prescribed medical marijuana which she used a few times per week at home; she never came to work intoxicated. Some managers with Advantage were allegedly accepting of Barbuto’s marijuana use but a human resources representative ultimately fired Barbuto because marijuana use violates federal law.
Advantage’s attorney argued that allowing an employee to use marijuana cannot be a reasonable accommodation because marijuana use violates federal law. The court rejected this argument. It determined that, even though marijuana use violates federal law, allowing someone with a disability to use it for medicinal purposes could be a required reasonable accommodation because Massachusetts state law permits medical marijuana use.
In reaching its decision, the court noted that the vast majority of states permit medical marijuana use and that fact weighed on its decision. The court stressed that “to declare an accommodation for medical marijuana to be per se unreasonable out of respect for Federal law would not be respectful of the recognition of Massachusetts voters, shared by the legislatures of voters in the vast majority of States, that marijuana has accepted medical use for some patients suffering from debilitating medical conditions.”