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Medical Marijuana Use Leads to Wrongful Termination Case

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A Montana man who is HIV-positive recently filed a wrongful termination claim against his former employer after he was fired for using medical marijuana.

The Great Falls Tribune reports that Mike Babbitt is now seeking $500,000 in damages from Loaf-n-Jug, as the man claims that he was discriminated against, lost wages and suffered other monetary damages. Mr. Babbitt had passed a pre-employment drug test at Loaf-n-Jug, but informed management before he was hired that he is qualified to receive medical marijuana. He says that he informed management when he received his medical marijuana card and he was assured that it was no problem.

Yet Mr. Babbitt was fired in November because his drug test showed the presence of marijuana. And while Loaf-n-Jug prohibits employees from using illegal drugs at work or while reporting to work, Mr. Babbitt's employment lawyer Mark Frisbie says that medical marijuana use falls under the company's definition of legal medication.

Legal medications at the company are defined as "prescribed and over-the-counter medications which have been legally obtained and are being used for the purpose for which they are prescribed or manufactured."

The state of Texas currently has no laws that allow the use of marijuana for medical purposes, but certain groups are trying to push for such legislation. The Marijuana Policy Project is just one national group that is dedicated to marijuana reform in the state of Texas. If the law eventually allows for medical marijuana patients in Texas, then there will likely be controversy on whether it should be allowed in the workplace.

Related Resources:

  • The Facts About Drug Testing During the Hiring Stage (FindLaw)
  • Legalization of Marijuana (LawBrain)
  • Browse Through Texas Employment Lawyer Directory (FindLaw)

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