MJNA - NY Supreme Court's Landmark Ruling Upholds Medical Marijuana Patient's Rights Under Human Rights Law | Benzinga
In a landmark ruling, New York state Supreme Court Justice Rebecca A. Slezak upheld a jury’s decision to award over $191,000 to a former wastewater treatment worker who was fired for testing positive for legally prescribed medical marijuana for chronic back pain.
Despite the vigorous post-verdict legal battle to overturn or reduce the jury's verdict, Slezak ordered the city to reinstate Thomas Apholz to his job as well as pay an additional $149,107 for his legal fees.
The verdict marks the first time in New York where an employer was found to have violated the state Human Rights Law that deems someone with a legal medical marijuana recommendation as having a disability, making them part of a protected class.
What Happened
Apholz, 44, was fired by the city of Amsterdam's Mayor Michael Cinquanti in 2020 after ...