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Case Results

Firefighter Unlawfully Terminated Despite Protected Medical Marijuana Patient Status Under NY Public Health Law

Firefighter files Article 78 proceeding seeking reinstatement to Buffalo Fire Department after being unlawfully terminated for positive drug tests despite being a protected medical marijuana patient under New York's Compassionate Care Act. The collective bargaining agreement, last amended after the Compassionate Care Act was passed, fails to make provision for Firefighter Martin who is a qualified medical marijuana patient deemed by statute to suffer a "disability" and as such cannot be discriminated against or terminated by employer just for being a medical patient as set forth in New York Public Health Law 3369(1) and (2). 

Action filed in Supreme Court, Erie County - Sup. Ct. Index #805903/2021

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