Deep Look at NY Medical Marijuana Lawsuit

Posted by: Curt Varone November 18, 2021 0

A Buffalo firefighter who is challenging his termination for use of prescription medical marijuana, is the focus of indepth investigative reporting by WIVB Channel 4. Scott Martin, a 12-year veteran of the Buffalo Fire Department, was terminated on February 23, 2021 following a drug test on February 5, 2021.

Martin contends he was “suspended and discharged solely due to his use of medical marijuana which is unlawful discrimination against him in the form of an adverse employment action taken due directly to his disability.” The suit alleges the state’s Compassionate Care Act prohibits discrimination against employees with approved prescriptions for medical marijuana.

Here is earlier coverage of the case including the complaint.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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