Some form of marijuana has become legal in over half the country at this point, but is still illegal under federal law. Many states are finding that despite having legalized the drug, companies are still allowed to enforce federal drug policy and fire employees over marijuana positive drug tests. A woman in Massachusetts, where medical marijuana has been made legal, revealed her medical need for the drug to her employer in her interview and was made to believe it would not be an issue, until her first day of work when receiving the call from human resources that her failed drug test has led her to be fired.
“As long as it is not affecting that person’s ability to perform their job, then it should be protected, and that person should not suffer adverse consequences,” said Fogelman, who teamed with Fine on Barbuto’s case.
Barbuto said she was diagnosed with Crohn’s disease in 2011, an illness that often robs a patient’s appetite. Because she rarely feels hungry, Barbuto struggles to maintain a healthy weight, and traditional medicines have not helped, she said. So she smokes a small amount of marijuana before meals a couple of times a week, she said, to spur her appetite, but not enough to make her feel high.