The city of New York owes nearly $200,000 after discharging a medical cannabis patient

The city of Amsterdam, New York, owes nearly $200,000 after firing a medical marijuana patient for failing a drug test for cannabis, a jury ruled in a lawsuit filed by the fired city employee. The jury found that the city had discriminated against Thomas Apholz, a sewage treatment plant worker who was suspended in February 2020 and later fired after testing positive for marijuana.

“They couldn’t release him fast enough,” Kevin A. Luibrand, Apholz’s attorney, told the Times-Union. “On a Monday they gave him a letter of resignation saying they fired him the Sunday before so he couldn’t produce his prescription card.”

New York legalized the medical use of marijuana in 2014 with the passage of the Compassionate Care Act, which went into effect in 2016. State law also grants registered medical marijuana patients disability status, which provides protections from workplace discrimination based on cannabis use.

Patient discharged after failed drug test

In 2017, Apholz tested positive for cannabis in a random drug test, but was allowed to keep his job under a “last-chance agreement” he signed with the city. Under the terms of the agreement, he was fired for future violations of the city’s drug policy.

Apholz tested positive again for cannabis in a random drug test in 2020 and was subsequently suspended and eventually fired. He then filed a lawsuit in the state Supreme Court in Montgomery County, alleging unlawful discrimination in the workplace and disregard for his disability under New York’s human rights law.

A year before the second positive drug test, Apholz had obtained a medical marijuana recommendation for lower back pain. In a five-day trial before Judge Rebecca Slezak, Apholz’s attorneys found that he only used cannabis in capsule form “at home in the evenings when his pain was at its worst” and had never used medical marijuana at work. According to court documents, Apholz told city “agents” that he was a certified patient in the state’s medical marijuana program and had a valid Department of Health and Human Services certificate for a medical marijuana prescription at the time of the drug investigation.

The city “was made aware of the plaintiff’s prescription, and thus his disability, on numerous occasions before he was terminated,” the court filings say. “Defendant has presented no evidence that plaintiff’s marijuana use interfered in any way with his ability to perform his job duties.”

“The evidence suggests that Plaintiff was a good worker while taking his marijuana prescription and that he can perform his job safely and satisfactorily, and Defendant has failed to provide documentary evidence that Plaintiff’s marijuana use ever negatively impacted his job performance or put someone in danger,” the court filings said.

City attorneys argued that Apholz failed to properly notify the city employee supervisor of his disability and prescription of medical marijuana, as required by city policy. Instead, the city claimed that Apholz notified City Engineer Mike Clark of its medical marijuana registration on March 5, 2020, after he had already been suspended for the second failed drug investigation. In addition, city attorneys claimed that Apholz never provided confirmation that the recipe would not affect his exercise of his “safety-related position” involving the use of large machinery and the handling of hazardous chemicals.

Jury decides in favor of patients

The jury returned its verdict on June 30, finding that the city of Apholz had discriminated against its use of medical marijuana and awarding him a verdict of $191,762. He also has the right to have the judge reinstate him and ask the city to pay his legal fees.

“The jury concluded that senior officials from the city of Amsterdam had refused to provide Mr. Apholz with housing for his medical condition after he told the city, following a random drug test, that he had a prescription for medical marijuana and he dismissed without authorization on March 16, 2020.” “I have approached the civil service hearing and have not had any discussions with him about his medical condition,” said Luibrand in a statement, quoted by the Daily Gazette.

Aaron Bloom, CEO of DocMJ, a medical marijuana practice that treats patients with compassion, says the jury’s verdict underscores the importance of laws protecting medical cannabis patients.
“Respect for patients’ rights to medicinal cannabis, particularly in the workplace, is of paramount importance. It is vitally important to recognize the legitimacy of medicinal cannabis as a therapeutic option and to ensure that patients whose well-being depends on it are treated fairly and with understanding,” Bloom wrote in an email to High Times. “Medical cannabis patients also have a duty not to report to work under the influence of cannabis in a manner that violates workplace safety. By providing reasonable accommodations and respecting the rights of employees with valid medicinal cannabis prescriptions, we can create an environment that promotes inclusion and supports individuals to effectively manage their health challenges.”