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Employer Can Fire Medical Marijuana User over Positive Drug Test

By Sherri Okamoto (Legal Reporter)

Friday, January 15, 2016 | 1

A federal trial judge in New Mexico last week ruled that an employer could lawfully fire a medical marijuana user with AIDS because of a failed drug test. New Mexico legalized the medicinal use of marijuana back in 1978, and state courts have ruled employers must reimburse injured workers for the cost of marijuana if their treating physician says the drug is medically necessary. But U.S. District Court Judge William P. Johnson found state law does not require employers to accommodate workers who are participating in the New Mexico Medical Cannabis Program. Courts in ...

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