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Medical Marijuana User Sues NJ Transit For Denying Him A Job
By
Rebecca Fishbein
Published Apr 2, 2014
Modified Apr 2, 2014
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By
Rebecca Fishbein
Published Apr 2, 2014
Modified Apr 2, 2014
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A New Jersey man using medical marijuana to treat kidney disease-related pain was denied a job with NJ Transit after failing a mandatory drug test. Now, while NJ legislators debate legalizing the possession of marijuana, he's suing the agency in hopes of getting marijuana recognized as a legitimate medication.
The Record reports that 57-year-old Charlie Davis, a Newark resident, began using medical marijuana in October after sustaining nerve damage from a renal disease. At that time, he was employed with NJ Transit as a clerk, but ended up losing that job in December. When he applied for another position with the agency, he was administered a drug test and failed. "I told them I was taking prescribed medical marijuana,” Davis, who was authorized by the state to purchase marijuana for medical purposes, told the paper. “I wanted them to know that. I was not hiding anything from them. I showed them the identification and everything.” He was denied the job and sent to rehab.
According to the Record, there are about 1,670 people who are registered medical marijuana users in New Jersey under the state's Compassionate Use Medical Marijuana Act, and like Davis, they are facing challenges when it comes to workplaces with anti-drug policies. Though the job Davis initially applied for was safety-sensitive and had a zero-tolerance drug policy, Davis also offered to apply for non-safety sensitive positions within the agency, and was denied that opportunity, too.
He has filed a lawsuit against NJ Transit asking for marijuana to be recognized as medication. "He has a very serious medical condition. His doctor has recommended that he treat with medical marijuana, which allows him to be functional, to be able to hold down a job," Davis's attorney, Sarah Fern Meil, said. “It’s kind of crazy if he loses a job because of that.”
Supreme courts in states like California, Washington, Oregon and Colorado, which have legalized medical marijuana, have previously ruled against exempting registered users from drug testing.
Last week, a NJ state senator proposed a bill legalizing marijuana and using the tax revenue to support infrastructure like roads and bridges.
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Rebecca Fishbein
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