In the New Hampshire Bar News, Tom Jarvis reports:
In what medical marijuana advocates are calling a big win, the New Hampshire Supreme Court held on January 14 that the Superior Court erred when it dismissed plaintiff Scott Paine’s complaint alleging employment discrimination against his former employer, Ride-Away, Inc. (NKA MobilityWorks).
At issue was whether a reasonable accommodation may be made under NH RSA 354-A for the use of therapeutic cannabis, prescribed in accordance with NH law.
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The Court held that the use of legally prescribed medical marijuana can be a reasonable accommodation for an employee’s disability under New Hampshire’s law against discrimination, saying that “the trial court erred in determining that the use of therapeutic cannabis prescribed in accordance with RSA chapter 126-X cannot, as a matter of law, be a reasonable accommodation for an employee’s disability under RSA chapter 354.”
The Court's opinion in Paine v. Ride-Away, Inc. (NH Jan. 14, 2022) is available here.