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Refusing to Hire Medical Marijuana User Violates State Law, Connecticut Court Holds

A federal court in Connecticut has granted summary judgment to a job applicant, holding that refusing to hire a medical marijuana user because she tested positive on a pre-employment drug test violates Connecticuts medical marijuana law. Business Bride Brook offered employment to Katelin Noffsinger, but when she disclosed that she was a registered qualifying patient under the Connecticut Palliative Use of Marijuana Act (PUMA), and tested positive for marijuana, she was not hired. The court rejected the employers argument that the federal Drug-Free Workplace Act (DFWA) barred it from hiring Noffsinger because the law prohibits federal contractors from allowing employees to use illegal drugs. The court also rejected the employers argument that hiring the employee would violate the False Claims Act.

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