A school in Waterbury, Connecticut hired, then fired, a music teacher after she admitted to being a card carrying medicinal marijuana patient. Now that music teacher is suing, and the issue may come down to timing.

Abigail Peck was visiting Connecticut over the summer from Florida, and interviewed for a music teacher position at an elementary school. After being offered the job, before signing the contract, Peck admitted to being a legal medicinal marijuana user to treat her ulcerative colitis. She had a Florida medicinal marijuana card. The district told her that would be OK, but that she had to get a Connecticut medicinal marijuana card.

PUMA Protection Only for Connecticut Cardholders

According to the school district’s attorney, “Peck did not have a Connecticut-issued medical marijuana card at the time of her hire, and so is not afforded protections under the 2012 Palliative Use of Marijuana Act (PUMA).” Peck did take, and fail, a drug test prior to receiving a Connecticut-issued medicinal marijuana card.

There are many times when state laws differ from one another, and federal laws differ from states. But medically-necessary prescriptions are not normally one of those times. Though it may make sense from a heath, safety, and welfare perspective that a doctor registered to prescribe medicine in one state can’t prescribe it in another, it is hard to find a reason that medicine prescribed in one state can’t be consumed in another. If that were the case for all medicines, there would surely be lawsuits under the Americans with Disabilities Act. And, there would be a lot more children conceived on interstate vacations!

If you or someone you love has been injured or discriminated against for legal use of marijuana, contact a local personal injury attorney. Rights and remedies are quickly evolving in this field of law, and a lawyer can help you determine your best legal course of action.

Related Resources:

  • Find a Personal Injury Attorney Near You (FindLaw’s Lawyer Directory)
  • FDA Approves Marijuana Drug, So Will This End Federal Pot Prohibition? (FindLaw Blotter)
  • State v. Federal Showdown Over Marijuana Laws (FindLaw Blotter)

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