Medical Cannabis Patient Suing Former Employer for Termination

A Pennsylvania man is suing his former employer claiming the company violated the Americans with Disabilities Act and Pennsylvania Human Relations Act when they fired him for using medical cannabis, PennLive reports. Kevin Dennis said he was fired by First Quality Tissue last year after testing positive for cannabis despite a physician’s recommendation for the state’s medical cannabis program.

In the lawsuit, Dennis contends that he never reported to his job as a warehouse worker under the influence and that it didn’t affect his job performance.

In September 2020, upon learning of his recommendation, First Quality demanded he take a drug test and Dennis complied but reminded his employers that it would come back positive for cannabis — which it did. Dennis said he asked First Quality to engage in a process to determine whether his use of medical cannabis could be granted but he was instead fired.

Dennis also has filed a complaint with the Equal Employment Opportunity Commission, according to court documents outlined by PennLive.

The lawsuit seeks past and future lost earnings and benefits, unspecified compensatory and punitive damages, and additional damages for emotional distress.

Dennis was hired on July 8, 2019, and obtained his medical cannabis recommendation for medical cannabis to treat facial neuropathy, anxiety, and depression in July 2020, according to the documents cited by PennLive.

Last year, The U.S. District Court for the Eastern District of Pennsylvania granted permission for a medical cannabis patient to move forward with a lawsuit alleging her employer wrongfully terminated her for her cannabis use despite being registered with the state medical cannabis program.