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Mass. Justices Say Medical Marijuana Users Can Sue For Bias

Law360, New York (July 17, 2017, 9:08 PM EDT) -- Massachusetts’ highest court ruled Monday that employees can sue for disability discrimination if they are fired or otherwise punished for using medical marijuana, reviving the case of an advertising employee who was fired after failing a mandatory drug test.

The Massachusetts Supreme Judicial Court ruled that plaintiff Cristina Barbuto can pursue claims accusing her former employer Advantage Sales & Marketing LLC of handicap discrimination by firing her because of her medical marijuana use.

In its ruling, the Massachusetts justices said that patients like Barbuto who legally...
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