Medical Marijuana

SJC: Medical Marijuana Leads to 151B Claim

In Barbuto v. Advantage Sales and Marketing, the Supreme Judicial Court (SJC) ruled that an employee terminated for using medical marijuana may have a viable claim of handicap discrimination under G. L. c. 151B. The Court refused to recognize an implied private right of action under the medical marijuana statute. Barbuto accepted a position with [...]

Norris, Murray & Peloquin, LLC2018-08-05T16:33:43-04:00August 10th, 2017|Categories: Blog, Employment|Tags: 151B, Discrimination, Medical Marijuana, Supreme Judicial Court|

Termination Of Employee Who Used Medical Marijuana Upheld

Cristina Barbuto, who had a prescription for medical marijuana, was terminated by her employer, Advantage Sales and Marketing (“ASM”), after testing positive for marijuana following a urine test. She alleged her termination constituted disability discrimination in violation of MGL c.151B, a violation of the Massachusetts Medical Marijuana Act, was against public policy and was an [...]

Norris, Murray & Peloquin, LLC2018-08-05T16:33:47-04:00September 9th, 2016|Categories: Blog, Employment|Tags: Federal Law, Massachusetts Superior Court, Medical Marijuana, Termination of Employment|