A state district judge has upheld the firing of a physician's assistant because the woman, who is a registered medical marijuana patient, tested positive for marijuana while working as an employee at Presbyterian Healthcare Services.
The Albuquerque Journal reports Presbyterian spokeswoman Amanda Schoenberg says that under federal law, employees must show that they are drug-free. The judge ruled in favor of Presbyterian Thursday, agreeing that the federal contractor must comply with the Federal Drug-Free Workplace Act of 1988.
Donna Smith filed a lawsuit against the Albuquerque health care provider, claiming discriminatory termination in 2014. Smith, who served in the military and suffers from PTSD, was prescribed medical marijuana by a physician in November 2013.
Smith's attorney said the court's decision is "on the wrong side of history."
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Information from: Albuquerque Journal.
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