A federal judge in Pennsylvania sustained a woman’s suit against her former employer, concluding her claim that she was unlawfully terminated after testing positive for marijuana, in violation of the Pennsylvania Medical Marijuana Act, survived the motion to dismiss.
Zosima Miller accused her former employer, BrandSafway Industries, of unlawfully terminating her in violation of the Pennsylvania Medical Marijuana Act and public policy. She claims that prior to her employment, she obtained a medical marijuana card for general anxiety disorder, and after a routine random drug test, which could detect the usage of marijuana within the past 24 hours, Miller tested positive. She assured her employer that she would not put anyone at work in danger by using marijuana on the job, and she provided a copy of her medical marijuana card to her supervisor, according to the March 15 opinion.
