Accommodating the medical use of marijuana
The Massachusetts ballot measure, like that of California, did not address employment-related protections related to legalization.Barbuto's attorney, employment lawyer Michael Fogelman, praised the court for interpreting the law beyond the strict language of the ballot initiative."A court for the first time has interpreted workplace protections not explicitly stated in a voter-approved ballot measure.
"Medical marijuana is not an accommodation that must be provided for by the employer. In 2008, the state's Supreme Court dismissed a claim from a patient, saying that the 1996 ballot initiative legalizing medical marijuana failed to include worker protections.
The CDPH Manufactured Cannabis Safety Branch (MCSB) is currently required to develop statewide standards, regulations, licensing procedures, and to address policy issues in support of medical cannabis manufacturers and testing laboratories.
CDPH is responsible for issuing Type 6 and Type 7 licenses to manufacturers of medical cannabis and medical cannabis products and Type 8 licenses to testing labs.
Although a supervisor attempted to reassure her that her prescription "should not be a problem," she was terminated after completing her first day of work due to failing the company's mandatory drug test.
"We follow federal law, not state law," the company's HR representative said.