Even if an employee tests positive on an employment-related drug test, the U.S. District Court for the District of Connecticut has ruled that federal law does not preempt the state’s medical marijuana statue’s prohibition on employers firing or refusing to hire qualified medical marijuana patients. The court also held that the state’s Palliative Use of Marijuana Act (PUMA) provides a private right of action for individuals claiming to be discriminated against as a result of their patient status. Plaintiff Katelin Noffsinger, a registered qualifying patient, was given a verbal offer for a position as a Director of Recreational Therapy as at Bride Brook. The employee filed a complaint in state court, alleging a violation of PUMA when the offer was rescinded because of her positive drug test results.

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