In what appears to be a first-of-its-kind ruling, the Massachusetts Supreme Judicial Court on Monday said that employees can’t be fired simply for using medical cannabis. Such terminations, the court said, violate state antidiscrimination rules.
The opinion came as a shock to many, as every other state to consider the issue has decided that employers may indeed fire workers who test positive for cannabis—even if those employees are abiding by state law. In Colorado, for example, the state Supreme Court in 2015 held that a state law barring employers from firing workers for legal, off-duty behavior didn’t apply because cannabis is still illegal under federal law. California, Washington, Montana, and others have issued similar rulings.