Tuesday, October 6, 2020

Federal court recognizes cause of action under Pennsylvania Medical Marijuana Act

In a case of first impression for Pennsylvania federal courts, the Eastern District of Pennsylvania held that Pennsylvania's Medical Marijuana Act (MMA) creates an implied cause of action for employment discrimination. In other words, the MMA doesn't specifically say, "employees can sue their employers if they get fired for medical marijuana" - but, they can sue their employers if they get fired for medical marijuana. 

The Court quickly concluded that the plaintiff in this particular case had properly pled such a claim:

She alleges she legally purchased and used medical marijuana, disclosed her status as a cardholder, failed a drug test at work and then was fired the same day she recertified her medical marijuana card.

Now, we still don't have a state or federal appellate court decision on this issue - so, stay tuned. That said, the trend seems to be in line with this decision. Read the whole opinion in Hudnell v. Thomas Jefferson Univ. Hosp. here

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