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Judge says fired medical marijuana user can pursue lawsuit

December 21, 2018

DOVER, Del. (AP) — A Delaware judge has ruled that a medical marijuana user fired from his factory job after failing a drug test can pursue a lawsuit against his former employer.

Jeremiah Chance was fired in 2016 from his job at the Kraft Heinz plant in Dover. He claims his termination violated an anti-discrimination provision of Delaware’s Medical Marijuana Act. Chance also claims he was targeted for retaliation after pointing out safety issues with the facility’s railroad ties.

The company argued that the anti-discrimination provision in Delaware’s medical marijuana law is pre-empted by the federal Controlled Substances Act, which defines marijuana as an illegal drug and contains no exception for medical use.

In a case of first impression, the judge this week ruled that the state law is not pre-empted by federal law.

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