The Supreme Court of New Hampshire has reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. The former employee alleged that he suffered from Post-Traumatic Stress Disorder (PTSD) and that his physician recommended he use marijuana to treat his condition. Although he had no intention of using or possessing during work hours or on the company’s premises, he was terminated. The Supreme Court agreed with the former employee’s discrimination claim, ruling that the New Hampshire disability and accommodation statute does not contain any language categorically excluding the use of medical marijuana as an accommodation.
