A lawsuit filed by a medical marijuana patient in New Jersey is claiming that he was fired for using marijuana in his own free time.
Jamal Campbell has filed suit against Watco Companies and Watco Transloading LLC in U.S> District Court this past April claiming the company terminated his refinery job after he used prescribed cannabis while off the clock.
The lawsuit argues that the medical cannabis law should have protected him even without legalization in the state.
Campbell claims the companies were violating the Jake Honig Compassionate Use Medical Cannabis Act and the state Law Against Discrimination. He worked as an operator at the company’s Linden refinery from 2014 until December 2020, mostly loading cargo trains.
It was in 2016 that he hurt his back while on the job says the lawsuit. He did not miss work but sought relief for his pain from a bulging disc, becoming a medical marijuana patient in 2018.
Campbell’s lawsuit says he never used marijuana at work or came to the job high.
In December of 2020, a Watco manager told Campbell he would have to take a random drug test, according to the claim. Campbell said he would fail due to his medical marijuana usage, but the manager said he had to comply or risk losing his job.
When he tested positive for marijuana, Watco fired him, the suit alleges.
“There’s not precedent in New Jersey on what is safety-sensitive,” said Rachel Haskell, a partner at the Law Office of Christopher Q. Davis, which is representing Campbell. “We believe that both Jake Honig’s Law and the Law Against Discrimination would provide protections for people who are using medical marijuana in addition to the requirements to engage in the interactive process in providing accommodations.”
