The newspaper article by Bruno Matarazzo on the ruling by Judge D’Andrea is on Summary Judgement. A complete ruling is attached for those who are interested in reading court decision.
It is neither on the merit of the dispute nor resolving testing/using state legalized marijuana. When federal issues are involved, state courts defer to federal jurisdiction so federal rules apply (marijuana
remains Schedule I substance under the Controlled Substances Act – federal law) so until US Congress changes the law (Act), even Federal Agency (DEA, FDA…) cannot unilaterally legally change the schedule (some federal agencies will try to do so administratively
but effects are null).
Fortunately for the defendant employer in this case, summary judgement ruling is not appealable in most jurisdiction- not sure it is same in Connecticut. So, the plaintiff has lost legally.
Always consult the labor and employment attorney of your organization when drug testing issues arise. This will cause money and is time consuming.
Fred Fung, MD, JD, Esq.
DoNotEncrypt
From: MCOH-EH <mcoh-eh-bounces@mylist.net> On Behalf Of
Barnosky,Sandra
Sent: Monday, November 27, 2023 2:54 PM
To: MCOH-EH <mcoh-eh@mylist.net>
Subject: Re: [MCOH-EH] Marijuana legalization
There was a lawsuit in Connecticut and you can not test positive as an employee if you are part of a sensitive job ie: fire police etc. however there have been other cases dating back to 2018 saying
you can’t not offer a job due to a positive pre employee drug test. It’s very confusing.
I tried to attach the newspaper article.
From: MCOH-EH <mcoh-eh-bounces@mylist.net> on behalf of Tina Schmitt <SchmittT@childrensdayton.org>
Sent: Monday, November 27, 2023 10:56 AM
To: MCOH-EH <mcoh-eh@mylist.net>
Subject: [MCOH-EH] Marijuana legalization
*** Attention: This is an external email. Use caution responding, opening attachments or clicking on links. ***
Hello,
I am looking for insight on how other healthcare facilities are managing drug testing in states where Marijuana is legal. Marijuana recently became legal in Ohio and my health care facility has prohibited the use of Marijuana up until
now. We are now revisiting the policy based on the new legal update. I am not sure we are going to change anything but are seeking information and practices from other institutions so we can assure we are aligned with best practices. I welcome your feedback.
Thank you!
Tina
Tina Schmitt, MSN, RN
Director, Employee Health and Wellness
Dayton Children's Hospital
One Children's Plaza
Dayton, Ohio 45404-1815
O: 937-641-3505
M: 937-838-3971
F: 937-641-6190
E:
schmittt@childrensdayton.org
