Arizonan Tom Lee declares that he was fired from Albertsons for his legal usage of medical cannabis. He had actually been with the grocer considering that 1996. A forklift incident at work prompted the grocer to drug test Lee, who checked favorable for cannabis.
Lee claims he didn’t use medical marijuana before going to work nor at work, AZ Family reports, and that he divulged his valid medical cannabis card to his supervisor. Lee likewise informed his supervisor that the Arizona Medical Marijuana Act (AMMA) restricts discrimination of medical marijuana cardholders; however, Lee’s positive drug test led to his termination.
Lee’s lawyer, Joshua Carden, stated, “He does not bring it to work. He doesn’t appear high. Tom understands the rules. He’s understood them given that he got the card and he follows them strictly due to the fact that the stakes are too expensive.”
” No one was injured,” Carden stated, referring to the forklift incident. “Some ramen noodles may have been harmed while doing so, but that was about it.”
Drug testing can expose THC metabolites from marijuana utilized days or weeks prior, so the existence of such metabolites does not imply an individual is currently impaired. This will be consisted of in part of Carden’s argument during litigation.
Carden thinks that Albertsons might try to declare the “safety sensitive” provision in AMMA regarding operating a forklift to support their termination of Lee as justified.
B. Unless a failure to do so would trigger an employer to lose a monetary or licensing related advantage under federal law or policies, a company might not discriminate against an individual in employing, termination or enforcing any term or condition of employment or otherwise penalize an individual based upon either:
1. The individual’s status as a cardholder.
2. A signed up certifying patient’s positive drug test for cannabis parts or metabolites, unless the client used, had or was hindered by marijuana on the premises of the location of employment or during the hours of work.
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