MA court rules for woman fired for medical marijuana use

When Barbuto was sacked, a representative from human resources contacted her and informed her of her job's termination-because the company follows federal law, not state law, when it comes to cannabis. In each of those states, the supreme courts ruled that employees had no legal protections if they were fired without cause for their state-sanctioned use of medical cannabis. Barbuto suffers from a gastrointestinal condition called Chron's Disease, for which she used products containing THC to manage her symptoms.

Opining for the court, Chief Justice Ralph Gants determined that it is "not facially unreasonable" for employers to make exceptions to their substance abuse policies in instances where employees are using cannabis at home to treat a debilitating condition.

Furthermore, the Supreme Judicial Court concluded that only the employee, not the employer, could have been subject to prosecution under federal law for her marijuana use. "The court created law", Deitchler stated after the ruling had been made.

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In 2014, MA resident Cristina Barbuto was sacked from her job at Advantage Sales and Marketing-after just one day of employment. The ruling received unanimous consent from the six-judge panel.

The ruling reversed a decision that dismissed Barbuto's 2015 handicap discrimination claim against the company.

An attorney for Advantage Sales and Marketing tells The Boston Globe they're "confident" that the company acted lawfully.

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While both medical and recreational use is now allowed, workers still can not use marijuana before or during work. State voters in November went further, legalizing recreational use of marijuana.

Barbuto's lawyer, Matthew Fogelman, described the ruling as a "groundbreaking decision". According to the Centers for Disease Control and Prevention, Crohn's disease is a common inflammatory bowel disease.

She noted once she started using medical marijuana, she regained her appetite and was able to maintain a healthy weight.

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