New Mexico Woman Sues Employer Over Medical Pot

NEW MEXICO:  A New Mexico physician’s assistant who also is a medical marijuana patient says one of the state’s largest health care providers violated her rights when it fired her following a positive drug test.

Donna Smith is the latest medical marijuana patient to go to court to seek protections for workers who have been fired due to their participation in the state’s medical marijuana program. She filed her lawsuit against Presbyterian Healthcare Services in state district court in June, and her attorney is now seeking a hearing date.

Smith worked for Presbyterian for four days in February. She was fired after a urine test came back positive for the active ingredient in marijuana. According to the lawsuit, she submitted a doctor’s note and her state-issued medical marijuana card, but Presbyterian officials said providers were not allowed to participate in the medical marijuana program.


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