Paine v. Ride-Away, Inc: New Hampshire Supreme Court Says Employers Will Sometimes have to Grant Accommodation Requests to Use Medical Marijuana
CANNANNEW REPORT
New Hampshire Supreme Court Says Employers Will Sometimes have to Grant Accommodation Requests to Use Medical Marijuana February 14, 2022 Ever since New Hampshire legalized medical marijuana, employers have struggled with how to manage employees prescribed cannabis by their doctors. There was concern that businesses might be violating the Federal Controlled Substances Act if they were perceived as permitting employees to use medical marijuana. That is because the Controlled Substances Act characterizes pot as a Schedule I substance and accordingly prohibits its distribution, possession and use, and criminalizes those who aid and abet such conduct. For this reason, many employers took the position that the use of medical marijuana was per se unreasonable as an accommodation for a disability. Last month, the New Hampshire Supreme Court weighed in on the issue, finding that position wrong. In a case called Paine v. Ride-Away, Inc., the New Hampshire Supreme Court said that use of medical marijuana prescribed in accordance with New Hampshire law may be a reasonable accommodation for an employee's disability under New Hampshire law. Here is what happened: Plaintiff, Scott Paine, suffered from Post-Traumatic Stress Disorder ("PTSD"). He enrolled in New Hampshire's therapeutic cannabis program and was prescribed cannabis as part of this treatment for PTSD. His employer was an automotive dealer which had a drug testing policy permitting the employer to test employees for and restrict employee drug use. Clearly knowing that he would test positive for marijuana if tested, Paine made a written request to his employer for an exception to drug testing as a reasonable accommodation for his disability. Paine explained that he was not requiring permission to use cannabis during work hours or to possess cannabis while on the work premises. He simply was asking to be excluded from testing given that he was using marijuana for medical reasons…
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Source : Paine v. Ride-Away, Inc: New Hampshire Supreme Court Says Employers Will Sometimes have to Grant Accommodation Requests to Use Medical Marijuana
reposted by Cannabis News World
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